Judge Extends "Closing Procedures" in MCP Case
Coalition Wins This Round...
Logan News Group
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City Hall- Tenet got caught with their pant's down, in a manner of speaking. It's not a polite manner of speaking, but then Tenet isn't being polite either. They decided to play hardball...and Thursday, they got kicked in the ...shins. Attorneys played a rough and tumble game of deceit by deception, and then a round of pass the buck. in the end, the Save MCP Coalition was left with the high card.

Tenet tried to convince Common Pleas judge Matthew D. Carrafiello that pictures of equipment being removed from the hospital, despite his order were actually taken prior to his order-that didn't work; so then they outright lied. "We're not doing that" said Carolyn Short, attorney for Tenet from the law firm of Reed, Smith Shaw and Mc Clay. But what she was "Short" on were her facts. MCP employees had well documented their case. "Drexel has control of the property, and space at MCP, it could be them" argued Short. The judge was short on patience and ordered counsel from both sides into his chambers for an agreement in terms, on a document to be later called the "Stipulation and Scheduling Order".

At one point the judge returned to the bench to hear another listed case, but addressed those assembled for the Association to Save MCP-"I thought I'd allow counsel time to grate on each other...for awhile" said the oft times comical Carrafiello. When he left the bench a second time to return to the caucusing co-counsels he departed saying "Trust me, it won't be much longer".

True to his word the judge and counsel for both sides re-emerged shortly thereafter, Tenet with egg on it's face, and MCP attorneys feeling somewhat validated and victorious. The judge ordered Tenet to "Cease all operations to close MCP hospital" as he did previously, only this time it's in writing, and enforceable. He gave the plaintiffs a court date of February 19, 2004. Meanwhile the judge ordered "Discovery" in the case no later than February 6, 2004. "I want all operations to close the hospital to cease as of now" said Carrafiello. "I want this court to have time to rule on the complaint and make a decision on the request for the TRO (Temporary Restraining Order) and the Preliminary Injunction". The judge instructed MCP employees to "Notify my chambers if the defendant violates this order in any way". A charge not needed for diligent workers who embarrassed the health care giant with dated photos of equipment being removed, boxed up equipment ready to be moved and "Evidence' of patient transfers and "divert" status of their ER. All claims which Tenet vehemently denied, until faced with the evidence assembled by staffers.

In the end attorneys for Tenet had little to say, but spokesperson Jeff Jubilerer said "We will abide by the judge's orders and when there are issues that are in disagreement we will seek the court's direction as to which is the best way to proceed". Jubilerer also said that tenet is now willing to listen to offers to sell the hospital. It had previously not wanted to do that but was set instead on closing the 153 year old community facility. In the meantime, they still have plans for a scheduled March closing, unless another option presents itself sooner.

For complete, up to the minute information on the Coalition, the history of MCP and other facts go to www.smcph.org There's even a link to tell when the hospital's ER is diverted to other ER's in the region...
It's updated every three minutes. Part of the "Evidence" the group so successfully used in slaying the Tenet Healthcare dragon.