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Friday 14th April 2000 9.30pm gmt

Historic battle saves Cleveland hospital

By Rick Nagin
CLEVELAND, Ohio - The growing fight for accessible and affordable
health care scored a major victory last week when Federal Judge Mary
Walrath, in an astonishing series of rulings, ordered Primary Health
Systems to keep two Cleveland neighborhood hospitals open and fully
functional pending a public auction set for May 1.
The March 29 and 31 rulings in a bankruptcy court in Wilmington, Del.
were the culmination of a month of nonstop rallies, marches,
demonstrations, vigils, hearings and court battles led by Congressman
Dennis Kucinich with the support of the Cleveland City Council.
"This is a great victory," Kucinich said. "We get a month now to work and
save the hospitals. I'm so proud of my constituents."
"I've been here for 40 years," said Dr. Javier Lopez, director of surgery at
St. Michael, and I've never seen anything like this in health care - not
anywhere in the country. This is a historical case."
"We won, man. It's great," shouted Dr. Mark A. Foglietti, chief of staff at
Mt. Sinai-East. "It goes to show you what the people in the community
want means something, and it means more than the bottom line in a
ledger."
Walrath's Wilmington, Del., courtroom was packed March 29 by batteries
of attorneys and spectators including Kucinich, three Cleveland City
Councilmen, representatives of the Service Employees International Union
and a busload of hospital employees and Cleveland residents. Her order
threw out a private deal PHS had struck with the giant Cleveland Clinic
which would have closed St. Michael and Mt. Sinai-East Hospitals and
also given the clinic a valuable medical office complex in exchange for
$62.7 million.
With sharp comments that set off a wave of whispers and gasps among
spectators, the judge dismissed from the record six hours of testimony by
PHS CEO Dennis Simon charging that he had made blatant
misrepresentations to the court. She sternly warned the clinic, which
already controls 62 percent of the hospital beds in Cuyahoga County, that
unless its offer was reissued in the open bidding process, the matter might
be turned over to the Justice Department for investigation of anti-trust
violations.
Walrath said her order for a fair and open auction was necessary to
"remove the smell from the case" and that the hospitals had to remain open
since they would be more valuable that way to potential bidders.
Over the objections of attorneys for the clinic and PHS, Walrath allowed
Kucinich to address the court and deliver a brief but impassioned speech
that brought tears to...
http://www.billkath.demon.co.uk/cw/historicbattle/historicbattle.html



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