Nephrology and Dialysis Practices
APRIL 15, 2022
Denver jury acquits DaVita, former CEO, of all charges in antitrust trial
After two days of deliberations, a Denver jury found DaVita and former CEO Kent Thiry not guilty of all charges relating to charges they conspired with competitors not to hire each other's senior managers. The Department of Justice argued the dialysis provider's non-poaching agreement violated the Sherman Anti-trust Act and considered DaVita a test case ahead of other possible criminal charges in similar instances. If convicted, DaVita was facing a maximum penalty of a $100 million fine on each of three counts, while Thiry could've been fined $1 million on each of three charges and sent to prison for up to 10 years.
Related:
Trade secrets/Non-compete quarterly
update—Benesch Law
DaVita, ex-CEO Thiry acquitted of labor collusion
charges—Associated Press
DaVita, ex-CEO acquitted in antitrust no-poach
trial—Law360 (sub. rec.
DOJ vows to continue antitrust scrutiny despite
DaVita verdict—Denver Business Journal (sub. rec.)
DOJ antitrust head: No 'chickenshit club'
despite losses—Law360 (sub. rec.)
UnitedHealth unit says DOJ losses bolster
dismissal bid—Law360 (sub. rec.)
SOURCE: Bloomberg Law (sub. rec.)
APRIL 12, 2022
Former general counsel at Fresenius sues company; alleges retaliatory firing after reporting possible criminal activity
Douglas Kott contends he was demoted and eventually terminated for informing senior executives at Fresenius about possible misconduct and embezzlement at the company. Kott was general counsel in 2019 when the dialysis provider paid a $231-million settlement to the DOJ and the SEC over allegations it bribed foreign officials. Kott states he first alerted the former CEO of Fresenius' U.S. subsidiary and the company's compliance department about "apparent misconduct" in 2014. Later, he claims he informed the company about possible embezzlement and waste of corporate funds. His suit states the compliance department didn't act on his 2014 complaint, while following his subsequent reports, he says he was demoted from his role as general counsel. He was let go by Fresenius in Mar., which Kott believes breached his employment contracts.
Related:
Fresenius former general counsel files suit alleging retaliatory firing—Wall Street Journal (sub. rec.)
SOURCE: Reuters
APRIL 5, 2022
Fresenius appoints Penn prof. as head of strategy, operations for company's Global Medical Office
Dr. Nwamaka Eneanya was most recently an assistant professor of medicine and epidemiology at the University of Pennsylvania, as well as the university's director of health equity, anti-racism and community engagement in the nephrology division. As the head of strategy and operations for Fresenius' Global Medical Office, she'll use her expertise in health equity, patient-reported outcomes and social engagement in healthcare and public health to advance kidney care outcomes.
SOURCE: Fresenius Medical Care
APRIL 6, 2022
Fresenius offering up to six weeks paid leave to employees who donate organs, bone marrow
Fresenius notes that live donors account for only one-fourth of kidney transplants in America, with many potential donors scared off due to the negative financial implications associated with the surgery and recovery. These can take four-to-six weeks, with many donors opting to use vacation time or unpaid absences. To counter this, employees at the dialysis provider who donate organs or bone marrow will be entitled to up to six weeks' paid leave, which should remove one of the impediments for potential live organ donors. Fresenius' employee benefit follows a similar program at DaVita, in which workers can receive up to four weeks of paid leave if they're an organ or bone marrow donor.
SOURCE: Fresenius Medical Care
Benesch Healthcare+ Dialysis & Nephrology Digest
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