Additional Documents Related to the Dispute over Norton Kosair Children’s Hospital.

What are the real problems Gentlemen?

Since my article of January 24 about the collapse of talks between David Dunn of the University of Louisville and Stephen Williams of Norton Healthcare over the future of Kosair Children’s Hospital, a handful of additional documents have trickled out. The most significant was a letter from Mr. Williams to Dr. Dunn dated January 15 summarizing Norton’s perspective on the history and conduct of the negotiations extending back to September 2012. The text of the letter was reported in InsiderLouisville on January 24. At that time, as UofL was preparing for its partnership with Catholic Health Initiatives, the ground seems to have shifted in a dramatic way. The discussions seem never to have gotten back on track. Of course, if one party does not want a successful ongoing relationship, it is easy to blow things up. Leaving no fingerprints would then be the challenge.

In any event, we now have a more specific Norton version of events to compare with the University’s claim that “the very existence of all of UofL’s educational and training programs at the Health Sciences Center” is threatened. In the absence of the “Term Sheet” that is referred to, or any of the other of the 135+ contracts between Norton and UofL that might allow us to judge who is being unreasonable, we are left with contradictory assignments of blame.

The InsiderLouisville articles of January 24 and followup on January 27 speculate about possible personal enmity between the two men. Disagreement is not the same as enmity. I have seen both in action on their home turf and elsewhere. Both hold positions of power in large organizations and are accustomed to wielding it, but there is clearly a difference in personality, style, and manner between the two. I think the language used in the various communications is illustrative of the differences. I have worked closely with both institutions for many years. I have my own opinions about the straightforwardness of each. Which versions of events have sounded most businesslike, reasonable, or believable to you? Which party seems to have the interests of our children uppermost? Is it possible to tell? Why can’t we just get along?

What are the sticking points?
Most of these remain unstated in Mr. Williams’ letter. Oodles of money are said to be committed. UofL is promised the primary academic partnership. UofL’s accreditation will be protected. UofL appears to have problems with the University of Kentucky being in the picture in any way. Norton wants to keep the medical staff of the hospital open to all physicians in the community. Why would UofL have problems with that?  If I were to guess, access to and control of Norton’s other soon-to-open pediatric hospital, outpatient, and neonatal facilities is also a matter of dispute. (Might UK have a presence at the new hospital at Suburban Plaza?

Holding off on court proceedings?
I asked earlier the hypothetical question if it were possible to temporarily put the brakes on the proceedings in Franklin Circuit Court? The answer is clearly yes. I was able to acquire court filings by the two parties requesting additional time to attempt to come to a mutual agreement. Now that things are at a standstill, the parties have jointly asked for the hearing to proceed and which is now scheduled on or after May 20. The University of Louisville has until Feb. 24 to file their own materials. I will try to get those documents also. If the matter ends up there, the issue of whether UofL has the right to evict Norton from the lot on the corner of Chestnut and Floyd Streets and take position of the hospital there may be addressed.

Note that the door is still open a crack to an earlier settlement! Why not gentlemen? If you must force the issue this way, at least tell us what it is you are really arguing about.

Peter Hasselbacher, MD
President, KHPI
Emeritus Professor of Medicine, UofL
January 27, 2014