Johnson v. University Health Services, Inc.

931 F. Supp. 1572, 1996 U.S. Dist. LEXIS 8530, 1996 WL 338795
CourtDistrict Court, S.D. Georgia
DecidedJune 3, 1996
DocketNo. CV 194-033
StatusPublished

This text of 931 F. Supp. 1572 (Johnson v. University Health Services, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. University Health Services, Inc., 931 F. Supp. 1572, 1996 U.S. Dist. LEXIS 8530, 1996 WL 338795 (S.D. Ga. 1996).

Opinion

ORDER

BOWEN, District Judge.

Before the Court'in the above-captioned matter are the Motions for Summary Judgment filed by Defendant University Health Services (“UHS”) and Defendant Hossam E. Fadel, M.D., P.C. Upon consideration of the briefs as well as oral argument presented by counsel at a hearing before this Court on July 6, 1995, the Court concludes that the Motions for Summary Judgment of both Defendants should be GRANTED.

I. Background

Plaintiff, Cherie Johnson, M.D., specializes in the field of perinatology, an obstetric sub-specialty dealing with the care of patients with high-risk pregnancies. In May of 1992, Defendant University Hospital commissioned a study to determine whether the Augusta, Georgia, community needed additional physicians in the sub-specialty of perinatology. Based upon this study, as well as the expressed desires of Hossam E. Fadel, M.D., (“Dr. Fadel”) for ah additional staff perina-tologist, University Hospital agreed to help Dr. Fadel recruit an additional perinatologist to join his practice. During the spring of 1992, University Hospital and Dr. Fadel recruited Plaintiff to practice as a perinatologist with Dr. Fadel in Augusta, Georgia.

Plaintiff entered into an employment contract with Dr. Fadel’s professional corporation on July 7, 1992, that paid her $200,000 for her first year of private practice. She worked for Dr. Fadel from September 14, 1992, until she was terminated on May 5, 1993. Dr. Fadel was the only perinatologist in private practice at University Hospital in Augusta, Georgia.1 Sometime between September and December of 1992, only a short [1576]*1576time after Plaintiff began working for Dr. Fadel, Plaintiff became dissatisfied with her practice because of personal and professional problems with Dr. Fadel. Plaintiff alleges that Dr. Fadel, limited the number of new patients allocated to her, contrary to a promise he allegedly made -to her that she would be assigned all of his new patients. As a result, Plaintiff concluded that she would not see enough patients over the remainder of her first year of practice to be able to qualify for board certification in obstetrics and peri-natology. She alleges that Dr. Fadel did nothing to change this situation after she had brought it to his attention. Dr. Fadel, on the other hand, notes that he attempted to assist Plaintiff in qualifying for her boards and communicated this attempt to hospital administrators. Fadel Deposition, Vol. I at 9.2

In December of 1992, Plaintiff and her husband met with Clyburn Davis, a UHS employee charged with physician recruitment, to discuss the problems concerning Dr. Fadel. Plaintiff’s desire to establish a practice independent of Dr. Fadel was brought up in this discussion. Davis suggested she first attempt to work things out with Dr. Fadel and expressed his concerns for Plaintiff. Davis also stated that the hospital would be “supportive” of Plaintiff in her efforts to work through any problems with Dr. Fadel. Davis Deposition at 56. Plaintiff alleges Davis told her at this meeting that the hospital could, potentially provide her with financial assistance in setting up her own private practice if she could not resolve her differences with Dr. Fadel.

In early February of 1993, Plaintiff began meeting with hospital administrators, including Davis and Lou Imbrogno (“Imbrogno”), Davis’ superior and Vice President of Physician Services at University Hospital. Plaintiff and her husband informed them that the situation with Dr. Fadel had not improved and criticized Dr. Fadel’s quality of care as not up to date. Davis Deposition at 55; see also C. Johnson Deposition at 227-28. Im-brogno allegedly told Plaintiff at this time that the hospital could help her establish an independent practice, but that it would first survey the Obstetrics Department to determine whether there was a need for an additional perinatologist in the Augusta area, and, if so, whether Plaintiff should fill that need. Imbrogno later allegedly informed Plaintiff that the survey indicated that a need for an additional perinatologist did exist and that the Obstetrics Department wanted her to remain in Augusta. Also, at some point in April of 1993, Imbrogno informed Plaintiff that she would need to tell Dr. Fadel that she was looking at other employment alternatives if any discussion of potential financial assistance were to continue. The hospital apparently believed this step necessary to avoid being accused of interference with Plaintiff’s contract with Dr. Fadel. Donald Bray Deposition at 66-68.

Plaintiff’s husband, Dr. David Johnson, effectively took charge of negotiations and discussions on Plaintiffs behalf, actively spearheading Plaintiff’s efforts to obtain financial assistance from University Hospital. Im-brogno noted that David Johnson called him almost every evening for a total of 30 to 50 times from March 1993 to April 1993. Im-brogno Deposition at 195-96. Imbrogno stated that David Johnson insisted on providing Imbrogno with a laundry list of loan package items, he wanted for the Plaintiff and informed Imbrogno that he needed details about what University Hospital could offer Plaintiff to compare against the job opportunities available at other hospitals and health care facilities. Id. at 176. David Johnson aggressively pursued potential agreement terms even though Imbrogno informed him the discussions were only hypothetical and after Imbrogno told him he could not continue to discuss the issues. Id. at 175, 199.

David Johnson’s zealous efforts to obtain financial support for his wife included clandestine recordings of telephone conversations with Imbrogno, Mr. Donald Bray (CEO of University Hospital), and Dr. Carla Morgan-[1577]*1577Gibbs, an obstetrics physician with staff privileges at University Hospital during this time. None of the parties involved consented to recording their conversations or were aware that they were being recorded. The transcripts of these conversations, which are included in parts of the record, contain long unintelligible lapses and sudden gaps. Plaintiffs husband asserts that he taped these conversations because he could not take notes quickly enough or because Plaintiff was not present when the conversations took place. Defendants argue that Plaintiff selectively recorded portions of the phone conversations in an effort to entrap them into providing Plaintiff with financial assistance.

From February to April of 1993 Plaintiffs husband and, at times, Plaintiff had several discussions with Imbrogno and other University Hospital officials, both over the telephone and in person. Plaintiff alleges that these discussions revolved around the specifics of establishing an independent practice for Plaintiff in Augusta, Georgia. Plaintiff claims these discussions were highly detailed, outlining an agreement which provided that Plaintiff would receive the following: a credit line of approximately $800,000; a guaranteed income of $200,000 for her first year in private practice and $250,000 for her second year; office space, staff, and equipment; and loan forgiveness if she remained in Augusta for two years.

Imbrogno agrees that he and David Johnson had numerous conversations through April of 1993, but categorically denies that they were intended to finalize a. financial assistance package with Plaintiff. Instead, Imbrogno provides in his deposition that he clearly delineated that these were hypothetical discussions and that he wished for Plaintiff to reconcile her differences with Dr. Fa-del.

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Bluebook (online)
931 F. Supp. 1572, 1996 U.S. Dist. LEXIS 8530, 1996 WL 338795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-university-health-services-inc-gasd-1996.