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Appeals Court OKs Multimillion-Dollar Judgment for Dallas Doctor
Date:6/26/2009

Wrongful firing led to doctor's claims of slander, breach of contract

DALLAS, June 26 /PRNewswire/ -- A Dallas doctor who won an $8.6 million judgment against his employer two years ago won again Thursday, when an appellate court affirmed the judgment in his favor.

The Court of Appeals for the Fifth District of Texas at Dallas found in favor of Dr. Neal Fisher following a 2007 judgment against Pinnacle Anesthesia Consultants, P.A., which provides obstetric anesthesiology services to Dallas Presbyterian Hospital. With post-judgment interest accruing since the trial, the amount of the judgment is now in excess of $10 million.

"This is just an enormous win for Dr. Fisher," says attorney Mike Richardson of Rose Walker in Dallas, who, along with attorney Marty Rose, represented Dr. Fisher at trial. "For the appellate court to rule in his favor on every single issue makes a statement, I think, about this case and about the jury's verdict."

Dr. Fisher initially sued Pinnacle for slander, defamation and breach of contract when he was fired after he raised concerns about the company's billing practices. Although Pinnacle advertised itself as being "in-network" for all major health care plans, the company allegedly adopted a business plan of intentionally being "out-of-network." By billing out-of-network, Pinnacle made more money than it would have by matching patients with in-network doctors.

In April 2007, a jury found in Dr. Fisher's favor by a vote of 12-0.

Pinnacle appealed based on arguments that the trial court erred in granting a partial summary judgm
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SOURCE Rose Walker, L.L.P.
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