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Hospital litigation: Scruggs rebuked

U.S. District Judge Loretta A. Preska of the Southern District of New York, in a strongly worded opinion, has thrown out claims filed by the law firm of Richard Scruggs against New York Presbyterian and the American Hospital Association, part of a wider campaign of hospital litigation spearheaded by Scruggs. (via SymTym). According to a press release from the Sills Cummins law firm (Apr. 1), the "decision is the first by a federal court to dismiss all of the state law claims, as well as federal law claims, with prejudice." According to coverage (Apr. 1) on the Wisconsin Hospital Association website, Judge Preska wrote that:

"Plaintiffs have lost their way; they need to consult a map or a compass or a Constitution because plaintiffs have come to the judicial branch for relief that may only be granted by the legislative branch." She further criticized the Scruggs' backed lawsuits as an "orchestrated assault on scores of non-profit hospitals, necessitating the expenditure of those hospitals' scarce resources to beat back meritless legal claims [that] is undoubtedly part of the litigation explosion that has been so well documented in the media."

The Bureau of National Affairs's Health Law Reporter furnishes a chart showing the status as of Nov. 22 of various lawsuits that are either part of the Scruggs-led campaign or advance parallel allegations.

More: yes, it's true, Judge Preska's opinion in Kolari (see p. 4 shortly after footnote 2) did cite my book The Litigation Explosion in support of the last-quoted passage, to the evident dismay of Evan Schaeffer. Thank you, Your Honor!



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.