https://www.news4jax.com/news/local/2022/12/02/i-team-appeals-court-upholds-decision-compelling-ascension-ceo-to-testify-at-deposition-in-negligence-lawsuits/
A trial court judge previously ruled that Ascension did not meet their burden in showing the former CEO should be protected from being deposed, and now an appeals court has denied a request to review that ruling.
In an appeal filed last December, they argued lower court judge Bruce Anderson incorrectly ruled that former CEO Tom VanOsdol had “unique, personal knowledge” of the issues involved in the lawsuits.
But now, an appeals court denied their argument without giving an explanation.
The lawsuits focus on 2016-2020. Plaintiffs claim during that time, Dr. Heekin committed hundreds of medical errors because he was affected by a progressive neurological condition that led to diminished motor skills and cognitive ability, as well as angry outbursts, impaired judgment, gait disturbances, and slurred speech.
In an affidavit filed under oath last year, VanOsdol said he wasn’t involved in day to day operations, so he didn’t have unique, personal knowledge of issues involving Dr. Heekin.
But Judge Anderson found VanOsdol received at least one complaint from a local orthopedic surgeon about a number of concerning and potentially very poor outcomes for patients of Dr. Heekin, including patients they said would need above knee amputations. Plaintiffs said VanOsdol responded he would put them in touch with their chief medical officer and it was important to investigate. Judge Anderson found St. Vincent’s never disclosed the existence of texts among them in court and that VanOsdol’s sworn statement “lacked candor and veracity.”
This year, VanOsdol became Ascension’s Executive Vice President and Chief Mission Integration Officer. His bio on Ascension’s website says he provides strategic leadership to advance Ascension’s Christian commitments, continuing the healing mission of Jesus Christ.