MORGANTOWN — WVU Medical Corp. is suing Mon Health and two former WVU cardiologists who went to work for Mon Health.
The two suits were filed in Monongalia County Circuit Court by West Virginia Medical Corp. doing business as University Health Associates (UHA).
UHA manages the clinical practices of faculty at WVU’s School of Medicine, according to the suits.
One suit names Dr. Bradford E. Warden and Monongalia County General Hospital Co., the other names Dr. Wissam Gharib and the hospital.
Monongalia County General Hospital Company does business as Mon Health.
The suits claim Warden and Gharib breached their contracts and that Mon Health interfered with their contracts.
Emily Gallagher, Mon Health spokeswoman, confirmed both doctors are employed by Mon Health.
“Mon Health has been actively engaged in conversations with representatives of WVU Medicine to address questions they raised about employment of the doctors,” Gallagher said. “Frankly, based on those good faith conversations, the filing of a lawsuit against Mon Health by West Virginia University Medical Corporation D/B/A University Health Associates was unexpected. Because of potential litigation, we are unable to comment further.”
Both suits ask for two times the doctors’ base salary for academic year 2016-2017 – which amounts to $1,159,890 for Warden and $1,256,960 for Gharib. Both suits also ask for punitive damages, compensatory damages, attorneys’ fees, prejudgment and post-judgment interest and other relief as deemed appropriate by the court.
In academic year 2016-2017, Warden’s base compensation from UHA was $579,945 and Gharib’s was $628,480, according to the suits.
Both doctors were full-time employees and faculty members of the School of Medicine from July 1, 2012 to March 2, 2017, the suits states.
On Oct. 2, 2015, Gharib and Warden were both given promotions. Warden was named Heart Institute director and Gharib Heart Institute vice-director. The suits state that both men signed a letter that memorialized the promotions and “reaffirmed [their] agreement to be bound by the covenant not to compete.”
The two were allowed to quit 90 days after providing written notice to UHA, the suits state.
Lawyers for both doctors sent that 90-notice on Dec. 2, 2016, and UHA lawyers acknowledged and accepted the termination notice Dec. 3 in a letter which reminded them of the non-compete agreement and that UHA would enforce it.
The non-compete agreement stated that the doctors could not provide medical services or perform any clinical duties for 12 months after leaving UHA within a 40-mile radius of any location they were assigned without written consent of the dean of the School of Medicine, according to the suits.
Both doctors went on to perform medical services at Mon General Hospital, which is within 40 miles of the School of Medicine and Ruby Memorial Hospital, the suits state.
Gharib is accused of scrubbing in and helping implant a stent in a patient’s heart at Mon General on Nov. 29, 2017 – violating the non-compete clause. Warden is accused of providing medical advice to other Mon General physicians regarding the treatment of patients.
The penalty for violating the non-compete clause is two times the physician’s base compensation, the suits state.
Mon General had “clear and specific knowledge” of the non-compete agreements and the suits allege the hospital both facilitated the performance of the violating medical services and directed Gharib and Warden to perform them.
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