The attempt by Plaintiff's attorneys to bring a class action on behalf of Endoscopy Center patients who did not contract HIV or Hep-C from the clinic, but allegedly suffered anxiety waiting to find out, has failed. Attorney Robert Cottle [the pretty boy pictured to the right] has more than 4,500 patients who tested negative, "To not have class status granted, it is very difficult. Especially for a lot of my clients who are elderly, 50 or older, because that's the kind of people who went to the clinics for those procedures. So they are very worried they will never see any justice." . . .
"Now they have just put a big roadblock in their way and they don't know what they are going to do," said Cottle.
All hope is not lost. Patients have until February of 2009 to file their own lawsuit, but attorneys say a patient's litigation costs might be more expensive than what they could win in a lawsuit, making it risky to even try.
Cottle says a class action lawsuit was supposed to make it economically feasible for everyone. Now it's every patient for themselves.
At this point, these people just look screwed. Breathe easier Dr. Needles Desai. Your money is protected for another day.
I believe Judge Earl was correct in denying class certification. It seems to me that the particular facts of the various plaintiffs are too unique. I do not believe there are common questions of law and fact that affect ALL prospective class members.
ReplyDeleteThe prospective class members should just proceed on their own. No problem. Inundate them with lawsuits, which could prove more effective against the insurance company lawyers.
-Todd Phillips
Yes, proceeding separately would inundate insurance company lawyers, but isn't the purpose of class actions to enable those, with claims not large enough to justify a separate lawsuit, to have a chance in court? Realistically, though, I know that class actions are mostly for attorney's fees and less for actual recovery for the plaintiffs, but the fact remains that it still costs too much to take a small case to court when the plaintiff has no real medical damages to amplify to punitive damages, and pain & suffering probably wouldn't get that far with 4,500 people claiming the same thing.
ReplyDeleteTo be honest, I don't know if I think they should have a case at all, but because I was not part of the group nor have I ever had a medical scare even close to that, I cannot presume to even comprehend the anxiety of the parties involved.
Any day Bob Cottle loses a class action motion is a good day.
ReplyDeleteWell, generally speaking, the plaintiffs have no out-of-pocket damages ...
ReplyDeleteBut nevertheless, that has to be pretty scary to think you caught a dreaded disease by something as preventable as shared needles.
Forget class action, the doctors and staff involved should be in jail.