Doctors claim 21st Century Oncology illegally enforced contracts
Two Southwest Florida urologists claim their former employer, 21st Century Oncology, created a monopoly over the urology market by illegally enforcing non-compete clauses in their contracts.
The two physicians, doctors Alexandre Rosen and Barckley Storey, left 21st Century Oncology to work at Physicians Regional. 21st Century responded by suing the doctors.
“If you’re a patient you really only have one choice of where to go,” said attorney Benjamin Yormak, who represents the clients. “By eliminating two more physicians who are not a part of 21st Century that monopoly is just going to be extended even further.”
21st Century Oncology sued the two doctors on the basis they violated their non-compete clauses. The clauses prevent the urologists from working in Lee, Collier and Charlotte counties for a period of two years after the end of the contract.
In response to an interview request, a company spokesperson wrote, “The company denies the allegations but cannot comment on pending litigation.”
Yormak contends that 21st Century has a 90 percent share of the urology market in Southwest Florida and that enforcing the non-competes is a violation of Anti-Trust laws.
“What that really means is you’re fixing the market so that the patients aren’t necessarily getting the best care because the company doesn’t have to,” Yormak said.
Judges have often upheld non-compete clauses but in cases where companies control a large portion of the market that’s not always the case. In Nevada cardiologists of one company were released from their contracts after the FTC determined the market did not have enough competitive practices.
21st Century Oncology has settled three cases with the Department of Justice since 2015 totaling nearly $80 million.
source: NBC
