Citizens Medical Center case slowed by appeal

April 16, 2014

Federal Judge Gregg Costa agreed April 14 to stay depositions for a case claiming the county-owned hospital and its officials violated the False Claims Act.

This comes after attorneys for Citizens Medical Center argued that proceeding while the appeals of former administrator David Brown and cardiologist Dr. William Campbell were pending would be improper and cause unnecessary harm.

Citizens, Brown and Campbell were named in the suit, brought forth in 2010 by cardiologists who used to work at the hospital. Costa ruled months ago that Brown and Campbell should not be given immunity, so they appealed his decision to the 5th Circuit in New Orleans.

The 5th Circuit is scheduled to hear oral arguments for Brown and Campbell's appeals on June 2.

In the meantime, Citizens will continue to produce paper documents.

The cardiologists' attorneys opposed staying the Citizens Medical Center depositions.

"Brown and Campbell were either personally involved in the misconduct or they were not. Their attendance or lack of attendance at depositions is not going to change whether they were involved in the misconduct at issue. The facts are the facts; their new argument to the contrary make no sense," Austin-based attorney Monte F. James wrote in court documents.

Read more about the case in this story: Appeals court to decide whether hospital officials should be sued

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