Kosair Children’s Hospital Talks in Total Collapse.

As all available indicators gave us reason to believe, the talks between the University of Louisville and NortonHealthcare have utterly collapsed. It was true!  Both sides have released statements to the public describing their version of why the talks failed. As predicted, it seems obvious from the two releases that the sticking point is the University’s reluctance to give up its stranglehold on ownership of the land under Norton Kosair Children’s Hospital. The University’s interpretation of the old land-lease agreements gives them the right to take possession of the hospital building itself if Norton defaults on any of a few rather generally defined agreements. What constitutes “default” is therefore somewhat in the eye of the beholder. Norton asserts that it is fully in compliance with the most current affiliation agreement between it and the University. I am aware of nothing that contradicts that.

We recently saw a letter from Norton to local legislators that talks were still proceeding for at least another 30 days. If that is so, there is now a renewed set of legal claims and counterclaims pushing things along.

I will want to consider these letters more carefully, along with other information, but it appears to me that the University wants to involve the Governor and Attorney General in the dispute, and that Norton prefers to allow its Complaint for Declaratory Relief in Franklin County Circuit Court to proceed. The University’s lawyers notified Norton’s lawyers that the clock is once again ticking on their effort to evict Norton from the hospital. The dueling former best friends forever have stepped out into the street for a showdown. Let’s hope none of us innocent bystanders on the sidelines get hit with a stray shot!

I will probably write more later, but I wanted the public to have access to these new materials.   Read them for yourself.  Which letters offers shrill-sounding accusations and blame, and which seem aimed at reassuring the public that their children will be taken care of?  Which comments sound like they were prepared for the evening news, and which for a concerned public.

As they say, more on this as it becomes available.

What do you think?

Peter Hasselbacher, MD
President, KHPI
Emeritus Professor of Medicine, UofL
Jan 24, 2014

UofL’s Version of Events.
Norton’s Version of Events.
UofL’s newest Lawyer’s letter.

Addendum, Jan 27: Received the below after and will comment later.
Court Filings, Jan 21, 2014- Dates and subject of hearing.
Text of letter from Steve Williams to David Dunn, Jan 15, 2014