A federal judge on Thursday moved all 124 medical malpractice lawsuits against Dr. John A. King back to Putnam Circuit Court in Winfield, where they were originally filed.
U.S. District Judge John T. Copenhaver Jr. released his "judgment order" on Thursday in the lawsuits, whose defendants include the Hospital Corporation of America Inc., the nation's largest for-profit hospital chain, and Putnam General Hospital, its former subsidiary.
On Wednesday, HCA and Putnam General agreed to settle 70 of those malpractice suits. David McNair, a physician's assistant who worked with King at Putnam General, also agreed to the settlements.
HCA and other defendants had asked that the 124 lawsuits be transferred to federal court after King announced on Nov. 21 that he was planning to file for personal bankruptcy.
Because bankruptcy cases are filed before federal bankruptcy judges, hospital lawyers argued, the malpractice suits should also be tried in federal court.
When King filed his detailed Chapter 7 bankruptcy petition in Birmingham, Ala., in December, he reported only $500 in assets - the value of his 1993 Volvo.
Copenhaver's order Thursday noted that because King has almost no assets, the malpractice lawsuits will have no impact on his bankruptcy filing.
The judge cited an earlier federal court ruling that stated, "Litigation that would not have an impact upon the administration of the bankruptcy case, or on property of the estate, or on the distribution to creditors, cannot find a home in the district court based under the court's bankruptcy jurisdiction."
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