Rose•Walker, L.L.P.

04.13.2007

Penalty Against Physicians’ Group Grows to $8.6 Million

DALLAS – The penalty against a Dallas-based physicians’ group serving Presbyterian Hospital reached $8.6 million Thursday after a Dallas judge in a defamation and breach of contract case increased the penalty by an additional $2.225 million.

A Dallas jury earlier ordered Pinnacle Anesthesia Consultants, P.A., which provides obstetric anesthesiology services to Presbyterian Hospital, to pay $6.3 million to Dr. Neal Fisher, who was fired from the group after he raised concerns about its billing practices.

During a brief hearing Thursday, 193rd Civil District Court Judge Carl Ginsberg added $2.225 million to the penalty to cover the plaintiff’s legal costs generated by the lawsuit.

“I’m happy the court chose to do this,” says Marty Rose of Rose•Walker, L.L.P., who represented Dr. Fisher at trial. “There’s absolutely no reason he should have to pay anything in order to have a jury completely vindicate him, which it did by a vote of 12-0.”

Dr. Fisher was a shareholder in Pinnacle Anesthesia Consultants, P.A., which provides obstetric anesthesiology services to Presbyterian Hospital. Although Pinnacle would advertise as being “in-network” for all major health care plans, it had in fact adopted a business plan of intentionally being “out-of-network” for its services. By billing out-of-network, Pinnacle collected higher revenues than it would have by matching patients with in-network doctors.

Dr. Fisher repeatedly voiced concerns about the practice. After this, Pinnacle accused him of abusing alcohol and drugs, and made false accusations about the doctor’s administrative and medical abilities. Pinnacle then fired Dr. Fisher even though it had no proof of the charges and in fact believed most of them to be false.

To prove the charges baseless, Dr. Fisher voluntarily submitted to drug and alcohol testing of samples of his blood and hair, through Presbyterian’s own Impaired Physician Program. Though Dr. Fisher passed every test, Pinnacle neither apologized nor offered him his job back. His lost job and damage to his reputation cost him millions in lost income.

Rose•Walker, L.L.P., is a premier trial law firm, focusing on complex civil litigation. The firm represents businesses and individuals, and its many major courtroom victories have helped Rose•Walker earn a national reputation for excellence.

To learn more about the firm, please visit www.rosewalker.com.

For more information on the case involving Dr. Fisher, please contact Robert Tharp at 214.559.4630 (office, 214-458-4007(mobile) or robert@legalpr.com.