Court Prohibits Atrium Health From Soliciting Southeast Anesthesiology Physicians

Court Prohibits Atrium Health From Soliciting Southeast Anesthesiology Physicians

Statement From Southeast Anesthesiology Consultants And MEDNAX Services, Inc.

CHARLOTTE, N.C., June 25, 2018 /PRNewswire/ -- Southeast Anesthesiology Consultants ("Southeast"), a medical practice managed by MEDNAX Services, Inc., an affiliate of MEDNAX, Inc. (NYSE: MD) sought injunctive relief from the North Carolina Business Court for Atrium Health's predatory and unethical behavior regarding illegal attempts to hire Southeast's physicians and use of its proprietary business information without permission.

The Court ruled that Dr. Wherry, Scope Anesthesia and Atrium attempted to recruit physicians from Southeast, in violation of the contract that our practice has with Atrium, as well as contrary to statements both Atrium and Wherry made to the news media. As a result, the Court granted our request for a preliminary injunction that prohibits Atrium, Dr. Wherry and Scope Anesthesia from soliciting or employing our physicians until July 2019.  While the Court interpreted the professional services agreement between the parties, it did not opine on the employment agreements between Southeast and its physicians and the non-competes which was an issue that was not before the Court.

Additionally, the Court did not accept our request for a preliminary injunction on the second point, that Atrium and Dr. Wherry improperly obtained highly proprietary information related to staffing the anesthesia treatment locations where Southeast currently provides services. This injunction would have prevented Scope Anesthesia from assuming responsibilities for anesthesia services at Atrium when our contract lapses on July 1 until the Court could consider the matter.  However, the Court's decision not to grant this petition for preliminary relief changes nothing about the claims we have asserted in the suit.  We intend to vigorously pursue those claims as the litigation now moves forward into the discovery phase, where we will obtain additional evidence to demonstrate the wrongful actions of the defendants.

Southeast is a proven asset to Charlotte and the surrounding region. Our practice helped build one of the nation's highest quality anesthesia and surgical programs at Atrium, one that that took decades to develop and refine. To bolster its bottom line, Atrium is dismantling that effective partnership and the highly successful program that it created -- with little, if any concern for the negative impact that it might do to the communities and patients that it serves.

Southeast has been a part of your lives for over 37 years. We are proud of our contributions to excellent patient care and our service to the Charlotte community.

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SOURCE Southeast Anesthesiology Consultants