Executives at Mon Health System and WVU Medicine, both in Morgantown, W.Va., are negotiating the terms of a breach of contract lawsuit against a former Mon Health cardiologist who now works at WVU Medicine, according to The Dominion Post.
Here are six things to know:
1. Mon Health filed a lawsuit against John Lobban, MD, in May. Dr. Lobban currently practices at the WVU Heart and Vascular Institute as a member of University Health Associates, according to the report.
2. Mon Health claims Dr. Lobban's contract with the system included a noncompete clause that prevented him from joining a practice within 25 miles of Morgantown for one year after leaving Mon Health, except for termination for cause. The health system alleges Dr. Lobban tried to find ways to void his noncompete clause throughout 2017. Mon Health claims Dr. Lobban filed a letter of resignation, without cause, in December 2017, promising to continue in his role for six months. However, Dr. Lobban allegedly submitted a second resignation letter, for cause, in February, before the six months had expired, breaching his contract.
3. The health system also alleges that in leaving Mon Health, Dr. Lobban lured away six other Mon Health employees and misappropriated trade secrets to bring at least 400 of his patients with him over to WVU Medicine, according to the report.
4. Dr. Lobban filed a counterclaim in June, claiming that Mon Health had breached their contract by hiring several cardiologists, including his replacement, without consulting him, voiding any agreements between them. Dr. Lobban claimed Mon Health's particular decision to hire a replacement for him and put that individual to work prompted him to send the February resignation letter and voided his contract's noncompete clause.
5. In a statement to The Dominion Post, a Mon Health spokesperson said: "Mon Health filed a six-count complaint on May 14, 2018, related to the interpretation of contract terms that were agreed to by Dr. John Lobban and Mon Health. Since then, Mon Health has been actively engaged in conversations with Dr. Lobban and related parties regarding this litigation. Mon Health believes it is always better for patients when healthcare providers work together. Mon Health respects contracts and expects they will be mutually upheld."
6. Settlement talks between the two parties were held on Sept. 14, but were unsuccessful. If both parties do not agree on terms, a trial is scheduled for Oct. 21, 2019.
To access the full report, click here.