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Mercy Hospital sued over ending pact for heart-lung machine staff

Tue. April 14, 2009; Posted: 07:49 AM
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Apr 14, 2009 (The Buffalo News - McClatchy-Tribune Information Services via COMTEX) -- CHCR | Quote | Chart | News | PowerRating -- A Michigan company that had operated heart-lung machines during cardiac surgery at Mercy Hospital has filed a $20 million suit against the hospital, the Catholic Health System and the company that replaced it, claiming it was illegally ousted. The defendants include a doctor the company accuses of trying to get the business for himself.

Comprehensive Care Services is suing for defamation and breach of contract based on what it calls a "surreptitious" and false campaign about its efficiency, court officials confirmed Monday.

The Livonia, Mich., company provided four perfusionists -- who operate heart-lung machines during cardiopulmonary bypass surgeries -- at the Catholic Health System's South Buffalo hospital from 2002 until being terminated Oct. 13., according to the suit.

The suit also names Summit Perfusion Services, which replaced Comprehensive Care at least for a while, plus Dr. John Bell-Thomson, former head of the Erie County Medical Center's heart-surgery program, and his wife, Julie Bell- Thomson.

It accuses Bell-Thomson of working to oust Comprehensive Care and replace it with a heart-lung machine company operated by himself and his wife and working through Summit Perfusion. The Bell-Thomsons reportedly have offices at the same Cazenovia Street address as the Buffalo offices of Summit Perfusion, a Pennsylvania corporation.

Charles C. Ritter Jr., attorney for the Bell-Thomsons, did not return a call seeking comment. Mark A. Molloy, attorney for the Catholic Health System and the other defendants, said the health system does not comment on pending litigation.

Janet Evoniuk, who had been a Comprehensive Care perfusionist at Mercy, is accused in the suit of breach of contract and of assisting the Bell-Thomsons.

Charles J. Urlaub, the hospital's president and chief executive officer, is accused of plotting with the other defendants to "destroy" Comprehensive Care's reputation at the hospital and, without warning, of ordering its staff by telephone on Oct. 13 to "vacate" the hospital premises that day.

James J. Duggan, Comprehensive Care's Buffalo attorney, said the "false or exaggerated" reasons for the contract breach had forced Comprehensive Care to pay severance benefits for its former Mercy staff, cost it substantial expected profits and damaged its business reputation nationwide.

mgryta@buffnews.com

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