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Thursday, August 22, 2019

Medical doctors allege proposed surgery board by American Board of Medical Specialties would restrain trade

Lawsuits

By Noddy A. Fernandez | Jul 24, 2018


OCALA, Fla. (Legal Newsline) – Three physicians allege a nonprofit organization and a medical specialty board are conspiring to prohibit the performance of a skin cancer surgery by anyone that is not certified by a proposed board.

David Allyn, M.D.; James V. Lynott, M.D.; and Joseph M. Masessa, M.D. filed a complaint on July 11 in the U.S. District Court for the Middle District of Florida, Ocala Division against American Board of Medical Specialties Inc. and American Board of Dermatology Inc. citing the Clayton Act and the Sherman Act.

According to the complaint, the plaintiffs allege that the American Board of Medical Specialties (ABMS) is violating antitrust law with its attempt to create a board to limit the practice of micrographic dermatologic surgery for the removal of visible skin cancer.

They allege that ABMS has conspired with other medical organizations to limit the number of physicians who are board certified to perform the surgery.

The plaintiffs hold American Board of Medical Specialties Inc. and American Board of Dermatology Inc. ABMS will allegedly unreasonably restrain trade by creating the board and that the defendants have conspired with each other to monopolize the surgical service.

The plaintiffs request a trial by jury and seek temporary and permanent injunction, award attorneys' fees, costs of suit, and such other relief as the court may deem appropriate, in law or in equity.

They are represented by lawyers from The Health Law Firm in Altamonte Springs, Florida.

U.S. District Court for the Middle District of Florida Ocala Division Case number 5:18-cv-00355-JSM-PRL

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U.S. District Court for the Middle District of Florida, Ocala Division

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