MORGANTOWN — Top executives at Mon Health System and WVU Medicine are in talks to settle their differences in a lawsuit Mon Health Medical Center filed against a former cardiologist who now works for WVU.
WVU Medicine spokeswoman Angela Knopf said WVU Health System President and CEO Albert wright and Mon Health President and CEO David Goldberg were in talks about the suit the better part of Friday “to come to a solution that makes sense for both organizations.”
Monongalia County General Hospital Co., which does business as Mon Health Medical Center – the suit uses the previous dba of Monongalia General Hospital – sued Dr. John Lobban in May.
Lobban is an employee of WVU who practices at the WVU Heart and Vascular Institute as a member of University Health Associates.
Mon Health alleges that when Lobban changed employers he breached his contract, lured away six other Mon Health employees and misappropriated Mon Health trade secrets in order to bring 400 of his Mon patients to WVU.
In June, Lobban filed a counterclaim alleging Mon Health breached the contract, thereby voiding any agreements between them.
The case is in the U.S. District Court for the Northern District of West Virginia.
This suit is distinct from two suits West Virginia Medical Corp. – dba UHA – filed recently against Mon Health Medical Center and two cardiologists who left WVU for Mon Health. Those suits allege that Drs. Bradford E. Warden and Wissam Gharib reached their contracts by starting at Mon before the end of the designated non-compete period and that Mon Health interfered with those contracts.
Those suits are in Mon County Circuit Court and as of Friday no filings beyond the initial complaints were at the courthouse.
Lobban case
According to the complaint, Mon Health Medical Center acquired the group practice Lobban worked for – Morgantown Internal Medicine Group – in 2014 and Lobban subsequent came on staff of Mon’s Heart & Vascular Center.
His contract included a non-compete section precluding him from joining a practice within 25 miles of Morgantown within a year after leaving, except for termination for cause. It also precluded him enticing other Mon employees to leave with him.
Throughout 2017, Mon alleges, Lobban sought to find a way to void the non-compete clause in order to join UHA. He applied for work there, met with UHA and went through the credentialing process. Lobban filed his initial letter of resignation, without cause, on Dec. 18, 2017, promising to complete his obligations for six months.
Then on Feb. 6 this year, he fired a second resignation letter: this one for cause, based on Mon hiring, without due consultation, a replacement cardiologist who, Lobban alleges, took over care of his patients in January, before the six months expired.
By doing this, Mon alleges, Lobban breached his contract.
Mon also alleges that among those Lobban drew away from Mon to WVU was his medical assistant who aided Lobban by obtaining confidential patient records that Lobban used to draw patients to his WVU practice.
Mon comments, “The market for cardiology patients is extremely competitive in the Morgantown area.” But Lobban is using the goodwill developed at Mon’s expense to compete against Mon, and 400 patients have left Mon for WVU.
Counterclaim
In his counterclaim, Lobban alleges that Mon hired several cardiologists without duly consulting Lobban.
By hiring, in particular, his replacement and putting that replacement to work, Mon breached the contract, provided cause for Lobban’s second resignation letter and voided the non-compete clause and the prohibition against enticing away other employees.
Both documents note that Lobban was transferred from Mon’s vascular center to another office to read test results.
The counterclaim says, “Dr. Lobban was prohibited from seeing his patients, thereby depriving them of receiving treatment from their chosen cardiologist and electrophysiologist.”
As the case unfolded, unsuccessful settlement talks were held on Sept. 14. Barring settlement, a trial is set for Oct. 21, 2019.
Knopf said Wright and Goldberg have been working to reach resolution, especially in light of their announcement last week of their joint announcement to create a combined ambulance service in Mon County.
Mon Health spokeswoman Emily Gallagher supplied this statement: “Mon Health filed a six-count complaint on May 14, 2018, related to the interpretation of contract terms that were agreed to by Dr. John Lobban and Mon Health. Since then, Mon Health has been actively engaged in conversations with Dr. Lobban and related parties regarding this litigation. Mon Health believes it is always better for patients when healthcare providers work together. Mon Health respects contracts and expects they will be mutually upheld.”
Lobban’s attorney, William C. Brewer of Morgantown, said Lobban was prepared to work out the terms of his contract, until Mon breached it.
“Mon General’s response was to prohibit him from seeing his patients, which are his first and foremost concern. … It was very, very upsetting to him.” And he was within his legal right to leave.
Brewer said, “We’re hoping that this can be resolved amicably between the parties and they can just move on.”
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