Litigation News
Court Grants Summary Judgment for Firm Client in Health Care Case
May 13, 2011 — Although its duration will not rival that of the fabled Jarndyce and Jarndyce from Charles Dickens's Bleak House, the Court's decision in a case pending in Centre County since 1998 has finally brought about a favorable conclusion to a long-lived litigation matter handled by the firm on behalf of Geisinger Clinic and two of its physician employees.
The case arose out the termination of the employment and loss of medical staff privileges of an OB/GYN physician in Geisinger's Centre County region. That employment action, and the subsequent fair hearing, spawned a federal court suit raising claims of discrimination and antitrust. That case was decided in favor of the defendants, including Geisinger Clinic. The plaintiff's next action was a second suit asserting similar claims arising out of the employment decision, the subsequent peer review fair hearing and the plaintiff physician's application for staff privileges at a regional hospital.
After extensive and protracted discovery, the Court addressed the defendants' motions for summary judgment, which relied in large part upon the immunity provisions under the Health Care Quality Improvement Act ("HCQIA"), a federal statute which confers immunity from liability for money damages upon the participants in professional review actions which implicate actions or recommendations where issues of patient care could be implicated. In part, the purpose of the Act is to encourage reporting of, and participation in, actions to protect patients.
The Court found that the requirements for immunity were met and that the defendants were entitled to protection, finding the legitimate patient care concerns existed thus triggering the immunity protection of HCQIA. The Court's decision brought about an end to the case, which had been pending for 13 years.
Geisinger and the physician defendants were represented by Doug Smillie, chair of the firm's litigation section, who was assisted in the motion for summary judgment aspect of the case by Susan Royster and John Rice.
Health Care Law Section Chair Joe Bubba, who had handled the internal hearing for Geisinger Clinic in 1997, applauded his colleagues' success stating, "Doug and his team are to be complimented for their perseverance and for assisting the Court in focusing on the core issues under HCQIA. This may have been a long time coming, but it is a great result for the clients."
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