Jury Finds No Evidence of Antitrust Violations in Emergency Spine Surgery Suit

In Alan Moelleken v. Cottage Hospital et al., a California Superior Court jury returned a verdict for the defendants in a suit, filed by orthopedic surgeon Alan Moelleken against Santa Barbara’s Cottage Health System and four doctors, alleging unfair business practices and violations of California’s Cartwright Act.  In his suit, plaintiff claimed that in order to increase their business, four neurosurgeons teamed up with Cottage Hospital to exclude orthopedic surgeons, such as himself, from performing emergency spine surgeries.  This move led to a monopoly that degraded the quality of patient care.  After a seven-week trial, the jury of 11 women and one man did not find enough evidence to support plaintiff’s claim, and returned a verdict for the defendants.

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