Court Dismisses Neurosurgeon's False Claims Suit Against New York's Upstate University Hospital

A neurosurgeon's lawsuit against Upstate University Hospital in Syracuse, N.Y., claiming the hospital retaliated against him after he spoke out of improper care, has been dismissed on jurisdictional grounds by a federal judge, according to a Post-Standard report.

James Holsapple, MD, filed the suit accusing Upstate, a state hospital, of violating the federal False Claims Act through alleged Medicare and Medicaid fraud. He also claims the hospital violated state labor law by retaliating him after he complained by cutting his pay and demoting him.

U.S. District Court Judge Thomas McAvoy granted the hospital's motion to dismiss the complaint because under the False Claims Act, claims against the state are barred by the 11th Amendment, according to the report.

The court also declined to exercise jurisdiction over Dr. Holsapple's retaliation claim.

Dr. Holsapple said he has no intention of dropping the suit. His attorney said they plan to re-file the suite in state Supreme Court.

Read the Post-Standard report on Upstate University Hospital and Dr. James Holsapple.

Related Articles on Hospitals and Retaliation Lawsuits:
Neurosurgeon Says New York's Upstate Medical University Fired Him Over Whistleblowing
Breast Cancer Surgeon Sues University of New Mexico for Systematic Retaliation
California Physician Sues Hospital for Retaliation After He Charged Poor Quality of Care

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