Adena Health System’s Motion to Dismiss has been granted in an antitrust lawsuit filed by Ohio doctors.
The Motion to Dismiss was granted by U.S. District Judge Sarah D. Morrison in the U.S. District Court for the Southern District of Ohio. It dismissed the litigation against Adena Health System as well as Adena Medical Group, LLC and Maximum Properties, LLC.
The Ohio doctors who filed the lawsuit against the health system include Brian S. Cohen, M.D.; Aaron M. Roberts, M.D.; and James Troy Thompson, D.O. (the “Doctors”). Great Seal Medical Group, LLC and CohenOrthopedic, LLC were also named as plaintiffs. The Doctors all formerly worked for Adena—Dr. Cohen as an orthopedic surgeon, Dr. Roberts as a non-operative sports medicine physician, and Dr. Thompson as a non-operative sports medicine doctor.
The Doctors alleged in the Complaint that “[t]hroughout the relevant time period, Adena has held a dominant position in the market for health care services—and, specifically, orthopedic services offered in an integrated practice—in” a primary market area. The Doctors further asserted that Adena has tried to expand its market dominance into additional counties.
In the Complaint the Doctors described how Adena is purportedly trying to “limit competitor access” to the Adena Market Area. The Doctors alleged that Adena has “worked to stop or delay its potential competitors from securing real estate.” The Doctors also alleged that Adena utilized employment practices designed to “stifle competition.”
The Court was not persuaded by the Doctors’ assertions and granted Adena’s Motion to Dismiss. The Court stated that the Doctors “failed to allege antitrust standing.” Additionally, the Court found that “no amendment to the Complaint could cure this failure because the insufficiency lies not in the specific claims but in the nature of the alleged harm.”
This is not the first time that the parties have been to court. In 2021, after Adena terminated the Doctors, the health system filed a lawsuit against them asserting that the Doctors breached their employment agreements. In their response, the Doctors made a number of counterclaims including an antitrust claim. The antitrust claim was dismissed by the state court the following year for lack of subject matter jurisdiction. Many of the other claims are still pending in state court. For OTW’s coverage of the litigation, see “3 Surgeons Entangled in Bitter Health System Lawsuit.”
