Modern Healthcare, July 21, 2016
An arbitrator will divide up an $8 million settlement sum from three hospitals and an oncology clinic later this year for the 43 patients-turned-victims suing Michigan oncologist Farid Fata. Fata is serving 45 years in prison on fraud and money laundering charges.
Fata, 51, faced a litany of lawsuits in Oakland County, Mich., where attorneys for the 43 patients Wednesday entered a settlement deal approved by Oakland County Circuit Court Judge Hala Jarbou. The patients were previously working out a deal in facilitation before attorney Robert Riley, since Fata’s medical malpractice insurance had low claim limits for a total of only $3.6 million.
…He also noted Fata’s limited insurance and said medical malpractice cases are governed by tight caps on non-economic damages under Michigan tort reform laws enacted in the 1990s. It was also difficult to explore the extent of the hospitals’ roles in the Fata scheme in discovery for the litigation, due to federal privacy and other laws that govern health providers, he said.
“It’s the best deal that could be reached under, frankly, the shackles of what we have to work with in this state,” Olsman said. “Is this the most equitable result or deal for his patients? No. But it’s the best possible result.”