Judge Dismisses Malpractice Claims Against Nevada’s Acting U.S.Attorney in COVID-19 Lawsuit
A Clark County judge on Thursday dismissed allegations of legal malpractice against Nevada’s Acting U.S. Attorney Sigal Chattah, but allowed similar claims to proceed against Reno-based attorney Joey Gilbert, a former Republican candidate for governor. The case stems from a lawsuit filed earlier this year alleging inadequate legal depiction in a wrongful death case related to the COVID-19 pandemic.
A Nevada woman, identified as Melissa Dillon, filed suit against both Chattah and Gilbert, claiming they misrepresented facts while representing her in a wrongful death lawsuit. The initial suit alleged a Northern nevada hospital was responsible for her father’s death after administering the antiviral drug Remdesivir against the family’s wishes.
However, Dillon later asserted that the drug was never actually administered and accused Chattah and gilbert of misleading her for personal gain. Following the filing of the initial lawsuit, Gilbert publicly stated that “a reckoning is coming,” while chattah wrote online that, “They knew the science. They lied.They killed people. No mercy. No amnesty.”
The original wrongful death lawsuit was dismissed due to the expiration of the statute of limitations.
In a ruling delivered on Thursday, Clark County Judge Jacob Reynolds determined that Chattah, who played a secondary role in the case, was not directly involved in allegedly making false representations to Dillon. As a result,the judge dismissed the case against her. according to the ruling, “The facts supplied about Chattah is that she tried to find a way to extend the statute of limitations argument and also gave a frank appraisal of the merits after the Complaint was unsuccessful.”
Reynolds, though, indicated that the evidence presented pointed more strongly toward gilbert’s involvement. While dismissing some claims against Gilbert, the judge allowed others to move forward, including allegations of legal malpractice, breach of fiduciary duty, and intentional misrepresentation.
“The allegations, evidence submitted in opposition, and argument at the Hearing all point to Attorney Gilbert being the person that communicated with Plaintiff, knew Plaintiff personally, sought attention in the media, etc.,” Reynolds wrote in his decision.
Janeen Isaacson, Gilbert’s lawyer, released a statement expressing confidence in a favorable outcome. “We are confident that the true facts will result in the ultimate dismissal of this lawsuit,” she said.
Attorneys representing Dillon and Chattah did not respond to requests for comment as of Thursday.
The judge acknowledged that evidence submitted by Gilbert raises “serious questions of fact about the accuracy of Plaintiff’s allegations,” but emphasized that, at this stage of the proceedings, the court is obligated to accept those allegations as true.
The central point of contention revolves around whether Remdesivir was actually administered to Dillon’s father.Dillon claims an expert review of medical records showed the drug was not given, and that gilbert failed to adequately review those records before filing the lawsuit. However, subsequent legal filings presented records suggesting the drug was administered, a claim Dillon’s lawyer countered by stating the drug had been ordered but not given.
Adding another layer to the case, Dillon’s lawsuit also names Gilbert’s father, Dr. Warren Gilbert, a known critic of Remdesivir, who provided an affidavit in the original wrongful death suit stating his belief that the drug had been administered. Dr. Gilbert’s motion to dismiss remains pending.
Updated on 10/16/25 at 6:14 p.m.to include a statement from Gilbert’s lawyer.
