Hilton

MEMORANDUM **

Saskia Hilton (“Hilton”), a pediatric and general radiologist on staff at the University of California, San Diego Medical Center (“UCSD”), filed a complaint alleging that Children’s Hospital San Diego (“CHSD”), San Diego Diagnostic Radiology Medical Group, Inc. (“SDDR”), Lee Pickney, M.D. (“Pickney”), Lee Harvey, M.D. (“Harvey”), Patrie Carey, M.D. (“Carey”), and Melvin Senac, M.D. (“Senac”), collectively “the defendants,” created and carried out a Market Division Agreement intended to prevent her from obtaining certain radiology privileges at CHSD. The defendants filed a 12(b)(6) motion to dismiss for failure to state a claim, which ultimately resulted, without oral argument, in the judge dismissing the entire action with prejudice on the ground that the defendants were immune from liability under the Health Care Quality Improvement Act (“HCQIA”). 1 The court then awarded attorney’s fees, under the same act, to the defendants.

Dismissal under 12(b)(6) with prejudice and without leave to amend is appropriate “only if it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Navarro v. Block, 250…