{"id":3121,"date":"2014-06-16T18:22:51","date_gmt":"2014-06-16T22:22:51","guid":{"rendered":"http:\/\/www.khpi.org\/blog\/?p=3121"},"modified":"2014-08-03T22:26:50","modified_gmt":"2014-08-04T02:26:50","slug":"mediation-between-university-of-louisville-and-norton-healthcare-over-childrens-hospital-unsuccessful","status":"publish","type":"post","link":"http:\/\/www.khpi.org\/blog\/mediation-between-university-of-louisville-and-norton-healthcare-over-childrens-hospital-unsuccessful\/","title":{"rendered":"Mediation between University of Louisville and Norton Healthcare Over Children’s Hospital Unsuccessful."},"content":{"rendered":"

Breaking News. June 16, 6:20 pm.<\/span><\/p>\n

It\u2019s back to the mattresses.<\/h1>\n

It\u2019s official. The court-ordered mediation<\/a> between the two long-time partners over control of Norton-Kosair Children\u2019s Hospital has broken down. Some additional details are becoming available but I do not yet have the independent report to the court by the mediator, Judge Bill Graham. Apparently only two mediation sessions were held on May 6, and June 4. It will be instructive and valuable to the community to learn what the barriers to compromise were and what the circumstances were that caused Judge Graham to report to the court that the mediation was unsuccessful. It is my understanding that UofL declined to continue the process. [As of June 18, The University has not responded to my email request for confirmation or comment.]<\/p>\n

Some additional court documents are becoming available. The failure of mediation is apparently so definite, that Norton has petitioned\u00a0the the court to lift its stay of Feb 14 to allow legal procedures to continue. I will analyze materials\u00a0as I\u00a0am able and will\u00a0place links below to new documents\u00a0as I obtain or receive them. Come back to see\u00a0any\u00a0additions and lend your insights in the comment section.<\/p>\n

This is truly a shame.<\/p>\n

Peter Hasselbacher, MD
\nPresident, KHPI
\nEmeritus Professor of Medicine, UofL
\nJune 16, 2014<\/p>\n

I am assembling and updating court and litigation documents below for the convenience of all. Click the “Continue Reading” button to access the material.<\/strong><\/p>\n

Documents Available: (Newer first)<\/strong><\/span><\/h1>\n

\u2022 \u00a0Filings by Kentucky Attorney General to become an intervening defendant<\/a> in case of Norton Healthcare v. UofL, Aug 6, 2014.<\/p>\n

\u2022 \u00a0Filings by Kentucky Attorney General to become an intervening plaintiff<\/a> in Kosair Charities v. Norton Healthcare, Aug 4, 2014.<\/p>\n

\u2022 \u00a0Norton’s motion to lift stay<\/a> to allow court action by both parties to go forward. Actions had been stayed pending outcome of mediation.<\/p>\n

\u2022 \u00a0Norton’s motion to amend its complaint<\/a> to include that\u00a0UofL defaulted on an\u00a0oral\u00a0agreement of settlement of Jan 20, 2014. Motion had been put on hold pending mediation.<\/p>\n

\u2022 \u00a0Norton’s amended complaint <\/a>submitted June 16, 2014. This submission was held pending mediation as per the court order available below.<\/p>\n

Exhibits to Norton\u2019s First Amended Complaint (submitted 6-16-2014)<\/h2>\n

\u2022 \u00a0 All Exhibits A-J \u00a0(pdf 14.1 mb<\/a>)
\nA. UofL notice of default and claim on hospital. (8-27-2013)<\/a>.
\nB. Norton\u2019s response to notice of default. (9-4-2013<\/a>).
\nC. Master affiliation agreement between UofL and Norton. (2008)<\/a>.
\nD. Lease on land beneath Children\u2019s Hospital. (1918)<\/a>.
\nE. Agreement to enter lease. (1981)<\/a>.
\nF. Attorney General\u2019s analysis of proposed UofL-CHI merger. (12-29-2014)<\/a>.
\nG. Letter of Intent for venture between Norton and Univ. of Kentucky. (8-22-2013)<\/a>.
\nH. Emails between Dr. Dunn and Mr. Williams on status. (Jan 20&21, 2014)<\/a>.
\nI. \u00a0Email Mr. Williams to Dr. Dunn. (1-20-2014)<\/a>.
\nJ. Email Dr. Dunn to Mr. Williams. (1-21-2014)<\/a>.<\/p>\n

\u2022 \u00a0Norton’s motion to dismiss<\/a>\u00a0the University’s counterclaims submitted June-16, 2014. \u00a0This and the amended complaint give Norton’s version of what has been happening between the two organizations and lends insight into what the stumbling\u00a0blocks are. \u00a0I invite the University of Louisville to offer\u00a0their version of events.<\/p>\n

\u2022 \u00a0Court Order for mediation<\/a> from Judge Wingate in Franklin Circuit and placing all existing court deadlines on hold pending its outcome.\u00a0Feb 14, 2014<\/p>\n

\u2022 UofL\u2019s Answer, Affirmative Defenses,<\/a> and Counterclaims Against Norton Healthcare,\u00a01-29-2014\u00a0(pdf 2-2 MB)<\/p>\n

\u2022 \u00a0Exhibits to UofL\u2019s Answer of 1-29-2014<\/em>
\nA. \u00a0KentuckyOne withdraws language of right of first refusal to enter pediatric affiliation agreement with university of Louisville,\u00a09-10-2103.<\/a>
\nB. \u00a0Lease on\u00a0land under Children\u2019s Hospital,\u00a012-8-1981.<\/a>
\nC. \u00a0Agreement to enter lease agreement.\u00a08-12-1981.<\/a>
\nD. \u00a0Affiliation Agreement,\u00a01962<\/a>.
\nE. \u00a0Agreement for Provision of Pediatric Critical Care \u2026 July 2006
\nF. \u00a0UofL threatens breach of lease if not given access to Norton\u2019s Board of Trustees Executive Meetings including closed executive sessions,\u00a02-14-2011.<\/a>
\nG. \u00a0Norton’s attorneys argue\u00a0such full access is illegal and improper,\u00a02-15-2011.<\/a><\/p>\n

Other materials and legal documents relevant to this controversy can be seen\u00a0in earlier articles in this series. Click the Norton Kosair Children’s Hospital category in the sidebar or below. My intention is to consolidate such items\u00a0here as well.<\/p>\n

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