$366 Million Jury Award Reduced; Jurors Originally Found that Hospital,
           Competing Cardiologists Conspired to Remove Competitor

    DALLAS, Sept. 21 /PRNewswire/ -- United States District Judge for the
Northern District of Texas, Jorge A. Solis, has ruled against Presbyterian
Hospital and three cardiologists who sought a new trial to reverse a $366
million jury verdict levied against them.
    In ruling in favor of Dallas cardiologist, Dr. Lawrence R. Poliner,
Judge Solis, reduced the overall damage award to $22.54 million. According
to Judge Solis' September 18th opinion, jurors had awarded multiple damages
for essentially the same claim. In addition, Judge Solis found that the
jury's original $132 million mental anguish award and $110 million punitive
damage award were "excessive." The judge however, rejected an appeal by
defendants seeking to reduce the overall damage award to less than $1
million.
    "We're thrilled," says attorney Mike Lynn who represented Dr. Poliner
against Presbyterian Hospital's appeal of the jury verdict. "We believe
that $22.54 million is a substantial damage award to compensate a victim of
defamation from a conservative and thoughtful Court. We expected the
reduced award, but feel that it was critical that the jury verdict
vindicate Dr. Poliner and through him the other doctors who have been
abused by baseless peer reviews."
    The August 27, 2004 verdict sent shock waves throughout the nation's
hospital and medical community. For the first time, hospitals were
confronted with ensuring that medical peer-review hearings were conducted
in good faith and absent indications of conflict-of-interest or
anti-competitive behavior.
    "This decision will change hospital behavior and make the system fairer
to doctors and better for patients," says Mr. Lynn.
    Jurors originally awarded Dr. Poliner $161 million against Presbyterian
Hospital; $141 million against Dr. James Knochel, Presbyterian's internal
medicine chairman; and $32 million each against Dr. John Harper, chief of
cardiology, and Dr. Charles Levin, head of the cardiac catheterization lab.
    Dr. Poliner specializes in interventional cardiology, invasive
cardiology, nuclear cardiology, and echocardiography. He has a widespread
reputation that attracts out-of-state patients. In May 1997, after almost
30 years as a physician, Dr. Poliner opened an office in the professional
building at Presbyterian. According to Dr. Poliner's lawsuit, when he began
to draw patients away from other cardiologists at Presbyterian, unfounded
concerns surfaced about Dr. Poliner's clinical skills and judgment, all in
an effort to have Dr. Poliner removed from the staff.
    In early 1998, Dr. Poliner's competitors began raising "concerns" about
some of Dr. Poliner's cases, ultimately resulting in a suspension of his
cardiac catheterization privileges-effectively denying him the ability to
treat his patients or attract new ones, the lawsuit claims. The peer review
committee charged with considering the complaints against Dr. Poliner
consisted primarily of his competitors.
    Later that year, the hospital's medical board voted to restore Dr.
Poliner's privileges after several nationally known cardiology experts
testified that Dr. Poliner's care of his patients met or exceeded the
standard of care, and that his suspension was unwarranted. Despite the
return of privileges, the board upheld the original suspension "based on
the evidence available to him [Dr. Knochel] at the time."
    "Judge Solis has ratified jurors' very strong feelings that their
verdict should send a very strong message to Presbyterian and other
hospitals that this type of conduct should stop," says Mr. Lynn.
    "This has been a long and difficult process for Dr. Poliner," says
original lead trial counsel Charla Aldous. "Not many people would have had
his determination and resolve. Hopefully, the jury and court's decision
will have a positive impact on the peer review process throughout the
country."
    Members of the appellate team that opposed Presbyterians motion for a
new trial include Mike Lynn, founding partner at Dallas' Lynn Tillotson &
Pinker, Former Texas Supreme Court Justice Deborah Hankinson, now of The
Law Offices of Deborah Hankinson PC, original trial attorneys Charla Aldous
of Dallas' Baron and Budd and Michael Logan and Karin Zaner of Dallas-based
Kane Russell Coleman & Logan.
    For a copy of Judge Solis' ruling in Poliner v. Texas Health Systems or
to learn more about this case, please contact Mike Androvett at
800-559-4534 or mike@legalpr.com .

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