Jury selection began yesterday in the first trial for the Endoscopy Center of Southern Nevada and its sister clinics. Robert Eglet of Mainor Eglet Cottle and Will Kemp of Kemp, Jones & Coulthard are representing plaintiffs, with James Olson of Olson, Cannon, Gormley & Desruisseaux representing the biggest remaining defendant, Teva Pharmaceuticals. The robed one is District Court Judge Jessie Walsh.Plaintiffs seem to have found the deep pockets in this case; they are pursuing Teva Pharmaceuticals, an Israel-based company who posted $13.9 billion in revenue last year, under the theory that Teva sold the anesthetic Propofol in bottles containing five times the amount needed for a single colonoscopy. Plaintiff's theory is that the extra amount of anesthetic in the bottles induced the Endoscopy clinic staff to reuse the bottles rather than waste the medicine.
Those crazy doctors, always looking for ways to save patients money. But really, can selling in bulk subject a manufacturer to liability? Guess we'll find out soon; opening statements are set for April 19th, and the trial is expected to last four weeks.
