Becker's ASC Review

September/October Issue of Becker's ASC Review

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11 ASC MANAGEMENT Former pro soccer player sues team doctor, ASC for $10.2M over 'breach of sterility' By Laura Dyrda A former MLS player filed a lawsuit against team physicians and Oregon Outpatient Surgery Center, citing "breach of sterility" and saying the procedure was too risky. e athlete, former Portland Timbers goalkeeper Jake Gleeson, underwent elec- tive bilateral internal fixation with plates and screws as well as bone marrow harvesting on Aug. 15, 2018, performed by team physician Richard Edelson, MD, at Oregon Outpatient Surgery Center in Portland. In the lawsuit, he claimed Dr. Edelson and the surgery center didn't properly sterilize the equipment used during surgery and didn't use FDA sterilization techniques for the surgical implants. He also alleged that Dr. Edelson selected an "aggressive and risky" procedure before attempting conservative therapies first and claims that there wasn't a clear necessity to im- plant orthopedic devices. Mr. Gleeson under- went a subsequent procedure on Sept. 14, 2018, and claims that his surgeon did not remove an infected implant from his right tibia, which caused additional injuries. Mr. Gleeson is seeking about $10.2 million in the suit, including: • $800,000 in damages • $180,947 in medical expenses for surgical procedures • $200,000 in anticipated future medical expenses • $300,000 in past economic loss • $1.5 million in loss of future earnings • $8 million in non-economic damages e lawsuit also names Jonathan Greenleaf, MD, who is an owner of the ASC, and Sports Medicine Oregon. n Where the top earning physician assistants practice: 10 statistics By Laura Dyrda H ere are 10 statistics on PA compensation based on practice setting from the Medscape Physician Assistant Compensation Report 2020. Note: All averages are the listed as the mean calculation for salary and pay rate. 1. Critical care: $129,000 2. Emergency department / urgent care: $127,000 3. Surgery: $123,000 4. Industry setting: $123,000 5. Retail clinic: $122,000 6. Acute care hospital - inpatient unit: $121,000 7. Medical office or clinic: $113,000 8. Correctional facility: $112,000 9. Long-term care: $108,000 10. School or academic setting: $108,000 n California surgery center must vacate $24M reward, circuit court says By Eric Oliver B akersfield, Calif.-based Bahamas Surgery Center must vacate its portion of a $24 million class-action lawsuit ruling against surgical gown maker Halyard Health, Law360 reports. What you should know: 1. The U.S. Court of Appeals for the Ninth Circuit dismissed a class-action lawsuit against Halyard Health because the plaintiff and class representa- tive, Bahamas Surgery Center, could not prove it bought surgical gowns from Halyard and had no injuries traceable to Halyard. 2. The lawsuit stemmed from a 2014 filing that accused Kimberly-Clark, the former owner of Halyard Health, and Halyard of falsely representing how effective the gown was at blocking the spread of pathogens. 3. In 2017, a California jury ordered both companies to pay $450 million in damages. A judge later reduced the award to more than $20 million. 4. Kimberly-Clark later argued that the district court should've decertified the class because a named plaintiff didn't have standing to pursue the claims against the companies, to which the Ninth Circuit Court agreed, in a split decision. 5. Law360 could not reach representatives of the surgery center for com- ment. n

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