Kochert, M.D. v. Greater Lafayette Health Serv.

ANTITRUST

Kochert v. Greater Lafayette Health Servs., No. 05-1196 (7th Cir.
Sept. 12, 2006)

The
United States Court of Appeals for the Seventh Circuit affirmed summary judgment
for two hospitals, finding that their exclusive contract with an anesthesia
group did not cause a physician antitrust injury. The two independent hospitals
merged in 1998. Prior to the merger, the hospitals each had separate exclusive
contracts. However, after all previous contracts expired in 2001, the hospitals
each contracted with only one of the groups. A physician who was a member of
the group that was excluded sued, claiming she was now unable to practice anesthesiology.
The Seventh Circuit disagreed and affirmed the trial court’s decision granting
the hospitals’ motion for summary judgment, finding that the physician could
not show antitrust injury. The facts showed the physician had already switched
to a full-time pain management practice in 2000. Therefore, there was no injury
to her anesthesiology practice based on the hospitals’ actions in 2001, because
by then the physician’s anesthesiology practice was already nonexistent.