This case was last updated from U.S. District Courts on 06/09/2022 at 07:31:14 (UTC).

City of Brevard, North Carolina v. HCA Healthcare, Inc. et al

Case Summary

On June 3, 2022, the City of Brevard, North Carolina (“Brevard” or “Plaintiff”), individually and on behalf of all others similarly situated, represented by Frederick L. Berry, John F. Bloss, Sr., and Robert N. Hunter, Jr., of Higgins Benjamin, PLLC, filed an antitrust class-action lawsuit against HCA Healthcare, Inc. and HCA Management Services, LP (collectively “HCA”), and MH Master Holdings, LLLP, MH Hospital Manager, LLC, MH Mission Hospital, LLLP, ANC Healthcare, Inc. f/k/a Mission Health System, Inc, and Mission Hospital, Inc. (collectively, “Mission”) (collectively, “Defendants”), seeking injunctive and declaratory relief, along with damages, for alleged illegal monopolization of the market by the defendants. This case was filed in the U.S. District Court for the Western District of North Carolina, with Judges Martin Reidinger and W. Carleton Metcalf presiding.

In the complaint, the plaintiff claimed, “Plaintiff is a North Carolina municipality (Brevard) which operates a self-funded health insurance plan for its employees and their families. Plaintiff directly pays one or more Defendant(s) for health care for its insureds and has been and continues to be injured thereby because Defendants’ prices are artificially inflated due to the ongoing anticompetitive conduct alleged herein.”

The plaintiff alleged that “Defendants have maintained, acquired, and/or bolstered monopoly power in all Relevant Services and Geographic Markets.” Plaintiff also alleged, “Defendants engaged in a multifaceted Scheme to gain, maintain, and bolster monopoly power in the Relevant Markets, substantially foreclose competition, and thereby impose supracompetitive prices on Plaintiff and members of the proposed Class. Defendants use the Scheme to generate these anticompetitive effects by leveraging the monopoly power that HCA has in GAC Services in the Asheville Region to force health plans to accept terms that reduce payors’ ability to promote competition by, inter alia, steering patients to lower priced, higher quality options.”

The plaintiff also alleged that “the elements of the Scheme are designed to suppress competition and transparency in the Relevant Markets, foreclose competition, and thereby to increase the prices Defendants charge for health care to Plaintiff and the proposed Class above competitive levels.”

Plaintiff further alleged, “By violating this price disclosure regulation, and by including gag clauses in HCA/Mission’s provider agreements with insurers, Defendants have kept community members, regulators, and the general public from learning of the artificially inflated prices that are being charged.”

Plaintiff then alleged, “Defendants’ anti-steering and anti-tiering provisions anticompetitively and artificially drive business away from less expensive and/or higher quality providers of GAC and Outpatient Services in all Relevant Geographic Markets, impairing the ability of actual or potential rival providers to compete or to use price or quality as a means of gaining patients and market share.”

The plaintiff additionally alleged, “Defendants’ Scheme has caused antitrust injury to Plaintiff and the proposed Class by artificially inflating prices they have paid for GAC and Outpatient Services directly to Defendants in the Relevant Geographic Markets. The alleged unlawful conduct, and Plaintiff’s injuries, are continuing through the present.”

Plaintiff presented two claims for relief, including the alleged unlawful monopolization and restraint of trade in violation of the Sherman Antitrust Act. In the prayer for relief, the plaintiff requested a judgment certifying this action as a class action and appointing the plaintiff as the representative of the class. The plaintiff also requested equitable, injunctive, and declaratory relief. The plaintiff then requested an award for damages, along with reasonable attorneys’ fees, costs, expenses, and prejudgment and post-judgment interest.

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:22-CV-00114

  • Filing Date:

    06/03/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Antitrust

Judge Details

Presiding Judge

Martin Reidinger

Referral Judge

W. Carleton Metcalf

 

Party Details

Plaintiff

City of Brevard, North Carolina

Defendants

ANC Healthcare, Inc.

HCA Healthcare, Inc.

HCA Management Services, LP

HCA, Inc.

MH Master Holdings, LLLP

MH Hospital Manager, LLC

MH Mission Hospital, LLLP

Mission Health System, Inc.

Mission Hospital, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Robert N. Hunter, Jr.

Attorney at Higgins Benjamin, PLLC

301 N Elm Street, Suite 800

Greensboro, NC 27401

Frederick L. Berry

Attorney at Higgins Benjamin, PLLC

301 N. Elm Street, Suite 800

Greensboro, NC 27401

John Francis Bloss, Sr.

Attorney at Higgins Benjamin, PLLC

301 North Elm Street, Ste. 800

Greensboro, NC 27401

 

Court Documents

#1

(#1) COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 402 receipt number ANCWDC-5598393), filed by City of Brevard, North Carolina.(Bloss, John) (Entered: 06/03/2022)

#2

(#2) Summons Issued Electronically as to ANC Healthcare, Inc., HCA Healthcare, Inc., HCA Management Services, LP, HCA, Inc., MH Hospital Manager, LLC, MH Master Holdings, LLLP, MH Mission Hospital, LLLP, Mission Hospital, Inc. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (ejb) (Entered: 06/03/2022)

#3

(#3) NOTICE of Appearance by Robert N. Hunter, Jr on behalf of All Plaintiffs (Hunter, Robert) (Entered: 06/06/2022)

#4

(#4) NOTICE of Appearance by Frederick L. Berry on behalf of All Plaintiffs (Berry, Frederick) (Entered: 06/06/2022)

 

Docket Entries

  • 06/06/2022
  • View Court Documents
  • Docket(#4) NOTICE of Appearance by Frederick L. Berry on behalf of All Plaintiffs (Berry, Frederick) (Entered: 06/06/2022)

    Read MoreRead Less
  • 06/06/2022
  • View Court Documents
  • Docket(#3) NOTICE of Appearance by Robert N. Hunter, Jr on behalf of All Plaintiffs (Hunter, Robert) (Entered: 06/06/2022)

    Read MoreRead Less
  • 06/03/2022
  • View Court Documents
  • Docket(#2) Summons Issued Electronically as to ANC Healthcare, Inc., HCA Healthcare, Inc., HCA Management Services, LP, HCA, Inc., MH Hospital Manager, LLC, MH Master Holdings, LLLP, MH Mission Hospital, LLLP, Mission Hospital, Inc. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (ejb) (Entered: 06/03/2022)

    Read MoreRead Less
  • 06/03/2022
  • DocketCase assigned to Chief Judge Martin Reidinger and Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document. (ejb) (Entered: 06/03/2022)

    Read MoreRead Less
  • 06/03/2022
  • View Court Documents
  • Docket(#1) COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 402 receipt number ANCWDC-5598393), filed by City of Brevard, North Carolina.(Bloss, John) (Entered: 06/03/2022)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where HCA MANAGEMENT SERVICES LP is a litigant

Latest cases where MISSION HOSPITAL MISSION VIEJO is a litigant

Latest cases where HCA, INC., A FOREIGN CORPORATION is a litigant

Latest cases represented by Lawyer JOHN F. BLOSS, SR.(Designation Retained)