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MyspaceAttorney Barry Cappello launched an aggressive counter-attack on orthopedic surgeon Alan Moelleken, who took Cottage Health System and three neurosurgeons — Cappello’s clients — to court, charging they’d engaged in an antitrust conspiracy to exclude him from treating patients seeking emergency trauma care for spinal damage. Moelleken, who owns five clinics throughout the state and a surgery center in Santa Barbara, is a spinal specialist and claims he lost $5 million in business because of this exclusion.
Cappello noted that Moelleken’s gross revenues actually grew by more than $5 million during the period this conspiracy allegedly occurred and questioned, often derisively and caustically, how Moelleken could claim he’d been damaged. “Couldn’t you say we helped you?” he asked Moelleken on the witness stand during the third week of testimony. Where Cappello peppered Moelleken with rapid fire questions, Moelleken — who has also carved out a niche sidelight as an expert witness — conditioned his answers almost uniformly with “possibly,” “potentially,” and “probably.”
Where Moelleken argued he’d been unfairly denied access to emergency spinal patients by the “good ol’ boys club” that holds sway at Cottage, Cappello countered that when Moelleken was briefly on the hospital on-call list for orthopedic care, Moelleken had proven unreliable and did not provide back-up. In fact, Cappello charged Moelleken once refused to treat a patient with a broken bone, didn’t find a replacement doctor, and expressed satisfaction for causing Cottage grief. When Moelleken denied the charge with his customary conditional language, Cappello retorted, “So you’re saying you ‘probably’ didn’t do this?”
The trial is scheduled to last until March 29.
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Comments
It appears that Nicky boy is in the pockets of good ol' Cappello. Another sell out.
Willyman (anonymous profile)
March 14, 2012 at 7 p.m. (Suggest removal)
I think it's patently unfair to imply the author is corrupt, biased, or even inaccurate in his reporting here.
"Good ol' Cappello" is probablly the best civil trial lawyer in this town. He cross-examines like a pit bull. If you were sued, wouldn't you want him on your side? I'd dread going against him, that's for sure.
You can detest one of Cappello's other clients (as I do), but you can't fault Cappello for being great at what he does.
I doubt "Nicky" is making up the verbal tics he observed in Mr. Moelleken's answers on cross. We all know Mr. Welsh is a man of strong opinions, but it's a leap from that to accuse a journalist of fabrication in a news story.
Phlebas (anonymous profile)
March 14, 2012 at 9 p.m. (Suggest removal)
Huh? Where did Willyman accuse APD of fabrication? I believe his implication was that the story was amazingly biased. I came to the same conclusion knowing that the Jones led neuro group AND Moelleken are both slimeballs. This story would be better served with some in-depth and even handed reporting as it is a window into how medicine gets distributed in California. This is not a pretty picture window...
italiansurg (anonymous profile)
March 15, 2012 at 6:55 a.m. (Suggest removal)
I know all the parties involved. Capello is an excellent lawyer. Alan Moelleken is a wonderful doctor--caring and skilled. The Cottage orthopedic surgeons are, for the most part also good doctors--especially Dr. Jones. The problem here is really Cottage as a monopoly. And that is a huge huge problem for Santa Barbara. Even tiny San Luis Obispo has two major and one small hospital---separately owned. Sansum Clinic merged into a monopoly and Cottage as well. This is super scarey for patients--for obvious reasons I won't bother to list. Dr. Moelleken's suit may bring more important issues to light--or perhaps not!
MahalaJane (anonymous profile)
April 5, 2012 at 12:27 a.m. (Suggest removal)