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.
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."
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."
In addition, Copenhaver said some of the lawsuits against King include allegations that King operated on bone fractures that did not exist, used medical devices inappropriately, amputated limbs unnecessarily and "secretly conducted human experimentation using medical procedures and devices that had failed in lab animals."
Copenhaver's order praised the work already done on the King lawsuits by Putnam Circuit Judges O.C. Spaulding and Ed Eagloski, who have already held more than 30 hearings.
"It is noteworthy," Copenhaver stated, "that the busy circuit court has undertaken extensive efforts to prepare these cases for trial.... Judges Spaulding and Eagloski have devoted an immense amount of time toward managing these cases and preparing them for trial."
The judges had previously scheduled the first jury trials to begin last December, before King filed for bankruptcy.
The approval of the settlements announced on Wednesday, and any future settlements, will go before Spaulding or Eagloski for their approval. Any trials against other defendants in the cases will also be held in Putnam County Circuit Court.
Defendants who have not agreed to settlements include King, Wright Medical Technology and EBI LP - companies that make spinal implant devices.
To contact staff writer Paul J. Nyden, use e-mail or call 348-5164.
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