Richard Fox v. Good Samaritan Hospital

MEMORANDUM

Plaintiff-Appellant Richard Fox (“Fox”) appeals the district court’s grant of summary judgment to Defendant-Appellees Good Samaritan Hospital and related persons and entities (collectively “Good Samaritan”). Good Samaritan also cross-appeals the district court’s denial of its motion for costs. We have jurisdiction under 28 U.S.C. § 1291 .

We are troubled that Good Samaritan waited six years to assert immunity under the Health Care Quality Improvement Act (“HCQIA”), 42 U.S.C. §§ 11101-11152 , even though it was available to them at the outset of the litigation. This failure resulted in nearly six years of costly discovery and multiple rounds of motion practice. We are also troubled that Good Samaritan affirmatively decided not to follow the HCQIA’s requirement that it report Fox’s suspension to the National Practitioner Data Bank. 42 U.S.C. § 11133 (a)(1). Nevertheless, we find that the HCQIA grants immunity for Good Samaritan’s suspension of Dr. Fox, and affirm on that claim. We also affirm the district court’s denial of Good Samaritan’s motion for costs.

The district court held that Good Samaritan was immune from damages under the HCQIA. A hospital is entitled to…