Lawsuit against US Anesthesia Partners expands class to ASCs

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A class-action lawsuit against U.S. Anesthesia Partners’ that alleges the organization monopolized anesthesia services in Texas has expanded to include patients who received care in ASC settings. 

Up to this point, the case has focused on alleged antitrust violations in connection with anesthesia care provided in hospital settings. The new class representative’s claim is based on USAP overcharging for anesthesia services, according to a Feb. 12 news release from litigation firm Gibbs & Bruns.

The lawsuit also challenges USAP’s acquisitions of competing anesthesia providers, as well as price-fixing and market-allocation agreements between the company and certain competitors. 

The amended complaint also now includes patients who paid for anesthesia services provided by USAP anywhere in Texas.  

In an August ruling, the U.S. District Court for the Southern District of Texas determined that the plaintiffs had plausibly alleged USAP “exploited its leverage” through the acquisitions, which led to inflated prices. 

A federal judge denied USAP’s motion to dismiss the case in December.

There is also a related case brought by the FTC against USAP in proceedings. 

U.S. Anesthesia Partners provided the following statement from Scott Holliday, DO, USAP board chairman, in response to Becker’s request for comment.

“We have stated that we believe the claims in the original complaint lacked merit,” Dr. Holliday said. “Nothing in the amended complaint changes our view. As such, we remain confident we will prevail in this case. In the meantime, our focus continues to be providing great care for our patients.”

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