Odom v. Fairbanks Memorial Hospital Lutheran Health Systems3/17/2000
the FMH medical staff in an attempt to further alter the record and give credibility to their actions.
4. The communication of false and fraudulent information against the Plaintiff occurred on numerous occasions by United States mail, telephone, in person, and through other forms of fraudulent communications and activities.
5. Acting under color of Federal and State law, the Defendants also reported, maliciously and in bad faith, these false and fraudulent allegations as the purported basis for their action to other hospitals and State agencies, the U.S. National Practitioner Databank, and triggered a government investigation against Plaintiff. This action was part of a successful effort to utilize a sham to exclude plaintiff from the medical staff of the Hospital, and from anesthesiological practice throughout the State of Alaska and throughout the United States of America for anti- competitive purposes.
7. Defendant FMH and Anesthesia Associates, Inc., Lee, McGregor, Perisho, Mancill, Stinson, and Stoddard achieved their anti- competitive objective of maintaining monopoly status in a geographically isolated market area for both the Fairbanks Memorial Hospital and the contracted FMH anesthesiologists by successfully discouraging the development of a competing surgery center by financially incapacitating and ruining the reputation of its developer and promoter.
8. Such conduct has harmed and continues to harm and will continue to harm in the future both consumers of anesthesiology care and operating room services in the Fairbanks North Star Borough area.
9. Absent the successful development of a surgery center, Defendants have precluded Plaintiff from the operating room practice of anesthesiology at FMH or elsewhere by a fabricated and pretextual basis. Defendants have maliciously, willfully and intentionally defamed plaintiff by fabricating instances of plaintiff's misconduct, exaggerating other claims against Plaintiff, and reporting such false and defamatory statements verbally and in writing to the U.S. National Practitioner Databank and to state regulatory authorities, all in furtherance of their scheme.
15. Fairbanks Memorial Hospital ("FMH") is a non-profit hospital, located in Fairbanks, Alaska, is authorized to do business in Alaska, and is the only full service hospital in Alaska north of the Alaska (mountain) Range.
25. FMH is presently the sole civilian provider of operating room services in the Fairbanks market area.
35. As soon as FMH, LHS and WHN understood that Plaintiff Odom was or could become a competitive threat to FMH and its monopoly of operating room services, Defendant Gingerich conspired with Defendants Anesthesia Associates, Inc., Lee, McGregor, Perisho, and Mancill, and later with Defendants Stinson and Stoddard, all of whom share in a parallel monopoly for the provision of related services, to embark on a course of action to discredit Odom and ultimately to remove from him his livelihood, through impugning his medical competence. Hence, FMH, WHN, LHS and the Defendants Anesthesia Associates, Inc., Lee, McGregor, Perisho, Mancill, Stinson, and Stoddard in complicity with Defendants Bliss, McLane, Smith, and Robinette sought to remove Odom's financial capacity in order to prevent him from pursuing development of the competing enterprise and to prevent him from seeking judicial redress.
50. When the Defendants Anesthesia Associates, Inc., Lee, McGregor, Perisho, and Mancill learned of Odom's decision, they contacted the Chief of Staff of FMH, Keith Gianni, M.D., and requested that Odom's hospital privileges to practice medicine at FMH be immediately suspended, without
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