Dean Health Systems, Inc. doing business as SSM Health Dean Medical Group has filed a lawsuit against two of its former orthopedic surgeons—Jason Sansone, M.D. and Brian Keyes, D.O. The lawsuit also names Madison Orthopedics, LLC as a defendant.
Wisconsin Hospital Sues Two Former Ortho Surgeons
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Dean Medical Group, based in Madison, Wisconsin, is part of SSM Health Care Corporation. Dean Medical Group employed both Dr. Sansone and Dr. Keyes.
Dr. Sansone was employed as an orthopedic surgeon with Dean Medical Group purportedly since about 2013. He supposedly served as regional clinical program medical director, musculoskeletal from 2021 through August 2022. According to the complaint, Dr. Sansone allegedly voluntarily resigned from Dean Medical Group in November 2022.
Dr. Keyes was similarly employed as an orthopedic surgeon with Dean Medical Group purportedly since about 2018. Dr. Keyes also allegedly voluntarily resigned from Dean Medical Group in November 2022.
Dean Medical Group claims Dr. Sansone and Dr. Keyes “secretly formed” Madison Ortho “during their employment at Dean Medical Group” and while Dr. Sansone was acting as the regional clinical program medical director, musculoskeletal. Dean Medical Group is additionally claiming that the surgeons formed Madison Ortho for the “purpose of competing with Dean Medical Group after their employment terminated.”
Dean Medical Group claims that beginning in November 2021, Dean Medical Group and SSM Wisconsin “began planning for the expansion of their orthopedic programs and the development of an ambulatory service center (hereinafter ‘ASC’) in the Madison, Wisconsin market for use by Dean Medical Group’s orthopedic surgery providers.” Something, it claims, Dr. Sansone was closely involved in.
Dean Medical Group alleges that at the same time it was planning its expansion and new ASC, Dr. Sansone and Dr. Keyes “began to solicit other employed orthopedic physicians during work hours to assist them with planning a new competing business and to leave Dean Medical Group to form an independent physician group to compete with Dean Medical Group’s orthopedic surgery department.”
Dean Medical Group is alleging that Dr. Sansone and Dr. Keyes breached their employment agreements by planning a competing business and recruiting other orthopedic surgeons from Dean Medical Group to leave to join Madison Ortho. Dean Medical Group also claims that Dr. Sansone breached the post-termination restrictive covenant.
Dean Medical Group is also alleging tortious interference with contract, conspiracy to commit tortious interference with contract, breach of duty of loyalty, and injury to business against both surgeons. Additionally, Dean Medical Group is making a claim of tortious interference with business relationships against Dr. Keyes.
Dean Medical Group is asking for temporary and permanent injunctive relief, compensatory and punitive damages, attorneys’ fees and costs, and the return of any premiums paid by Dean Medical Group for Dr. Sansone’s and Dr. Keyes’ malpractice tail insurance.
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This is a fascinating development. In my practice we've seen similar outcomes with the revised protocol. The key differentiator seems to be patient selection criteria. Has anyone else noticed the correlation with BMI thresholds?
Great point. I'd push back slightly on the conclusion, the sample size in the cited study is too small to draw population-level inferences. That said, the directional signal is compelling and worth a larger RCT.
We implemented a similar approach last year. Early results are promising but we're still gathering 12-month follow-up data. Happy to share our protocol if anyone is interested.
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