U.S. Capital

Spilman Wins Important Legal Battle for Health Care Client

Jun 11, 2013

Spilman Thomas & Battle, PLLC

Charleston, W.Va. (Law Firm Newswire) June 10, 2013 – The law firm Spilman Thomas & Battle, PLLC (Spilman) announced that it recently won a favorable ruling for client Fairmont General Hospital (FGH). The West Virginia Supreme Court ended the three-year-long Fairmont General Hospital v. City of Fairmont, et. al. lawsuit via summary judgment, holding that FGH alone has the right to appoint its own board members.

The City of Fairmont and Fairmont City Council argued they held the right to appoint FGH board members because FGH was subject to the Fairmont City Charter. Given that the city has not been involved in day-to-day operations at FGH since 1985, the Circuit Court held that the city charter did not apply, FGH was not a municipal hospital, and it solely had authority to control appointments to its board of directors.

“The Supreme Court’s ruling allows Fairmont General to continue to operate independently from the city government,” said Spilman attorney Michael S. Garrison, who represented FGH in the suit. “This is a significant win for FGH and it adds to Spilman’s solid history of helping clients eliminate impediments to their success.”

Robert C. Marquardt, president and chief executive officer of FGH, said, “On behalf of the hospital, we are very pleased – this is an important decision for us. From the beginning of this representation, Mike Garrison and the Spilman firm have delivered results.”

Spilman attorneys have extensive experience advising and representing health care clients, including in matters outside the realm of typical health care work. The firm’s health care law team handles matters as diverse as board governance issues, regulatory issues, managed care, employment and litigation, among others.

About Spilman Thomas & Battle, PLLC
Spilman Thomas & Battle is a full-service law firm with more than 140 attorneys. Founded in 1864, Spilman has offices in Charleston, Morgantown and Wheeling, W.Va.; Harrisburg and Pittsburgh, Pa.; Winston-Salem, N.C.; and Roanoke, Va. For more information please visit www.spilmanlaw.com.