Judge: Antitrust lawsuit against HCA, Mission Hospital can move forward

ASHEVILLE, N.C. (WLOS) — A judge will allow part of a class-action antitrust lawsuit against HCA Healthcare to move forward.

On Monday, Special Superior Court Judge Mark Davis' ruling found HCA behaved in anti-competitive practices regarding restraint of trade.

However, HCA's request to dismiss motions regarding monopoly claims was granted.

HEARING HELD TO DISMISS HCA LAWSUIT; JUDGE SAYS RULING COULD COME IN NEXT FEW WEEKS

The antitrust case was filed a year ago by six Buncombe County residents alleging HCA and Mission Hospital have created a monopoly in Western North Carolina that has raised prices and lowered health care quality.

HCA Healthcare had asked the entire claim be dismissed.

“We’re grateful that the people of Western North Carolina are one step closer to some relief from rising health care costs,” said Jamie Crooks, of Fairmark Partners, who is representing the plaintiffs. “We still likely have a long road ahead, but we’re committed to pursuing an outcome that holds HCA accountable for its conduct, reduces the rate of price increases, and restores competition to the hospital industry in Western North Carolina.”

Mona Lisa Wallace, of Wallace and Graham, added that “We are delighted that the court has allowed the restraint of trade claim to proceed, and we look forward to continuing to seek justice for the citizens of Western North Carolina.”

Mission Health spokesperson Nancy Lindell issued the following statement:

We appreciate the court’s thoughtful consideration of the issues raised in our filing, and we are pleased with the court’s decision to dismiss a substantial portion of the claims. We continue to believe the allegations are wholly without merit, and we will vigorously defend ourselves through the legal process."

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The office for North Carolina Attorney General Josh Stein sent the following statement in regard to the judge's decision:

Our office is pleased that the Court agreed with our position in the HCA case. Attorney General Stein is closely reviewing the decision to determine next steps and continues to be focused on his work to ensure that North Carolinians have access to affordable, high-quality health care.