Justia Nevada Supreme Court Opinion Summaries

Appellant Margerita Cervantes allegedly contracted hepatitis C as a result of treatment she received at the Endoscopy Center of Southern Nevada (ECSN). Appellant obtained treatment at ECSN as part of the health care benefits she received through her culinary union. The union operated a self-funded ERISA health care plan and retained Respondents, Health Plan of Nevada and other health and life insurance entities, as its agents to assist in establishing a network of the plan's chosen medical provider. Appellant filed a lawsuit alleging that Respondents were responsible for her injuries because they failed to ensure the quality of care provided by ECSN and referred her to a blatantly unsafe medical provider. The district court concluded that Cervantes' claims were preempted by ERISA section 514(a). The Supreme Court affirmed, holding that state law claims of negligence and negligence per se against a managed care organization contracted by an ERISA plan to facilitate the development of the ERISA plan's network of health care providers were precluded by ERISA section 514. View "Cervantes v. Health Plan of Nevada" on Justia Law

This case involved consolidated petitions for writs of mandamus challenging district court rulings regarding the admissibility of expert testimony. The petitions arose out of two separate actions resulting from an outbreak of heptitis C at an endoscopy clinic. Plaintiffs sued defendants, pharmaceutical companies, for strict products liability. The Supreme Court held that (1) a nurse can testify regarding matters within his or her specialized area of practice but not as to medical causation unless he or she has obtained the requisite knowledge, skill, experience, or training to identify cause; and (2) the standard for defense expert testimony regarding medical causation differs depending on how the defendant utilizes the expert's testimony. When a defense expert traverses the causation theory offered by the plaintiff and purports an independent causation theory, the testimony must be stated to a reasonable degree of medical probability pursuant to Morsicato v. Sav-On Drug Stores. However, when a defense expert's testimony of alternative causation theories controverts an element of the plaintiff's prima facie case where the plaintiff bears the burden of proof, the testimony must only be relevant and supported by competent medical research. View "Williams v. U.S. Dist. Court" on Justia Law