Catoosa County, hospital authority lawsuit delayed

Catoosa County’s lawsuit against Hutcheson Medical Center’s board of trustees has been delayed.

At the Fort Oglethorpe, Ga., hospital’s request, Superior Court Judge Ralph Van Pelt Jr. signed an order Monday pushing back a hearing in the lawsuit. Before that, the two sides were due to duel Wednesday.

Now, Van Pelt won’t hear the case until at least May.

Catoosa County’s commissioners voted to sue the hospital board in October because the hospital had not provided annual financial audits from 2008-13. Since then, County Attorney Chad Young said, the board has filed audits from 2008-10 in Catoosa County Superior Court.

Young said county commissioners are still waiting to see the other audits.

Both sides agreed to push the hearing back because Hutcheson is tied up in bankruptcy court. The board’s attorney, McCracken Poston, said he needs more time to conduct depositions with county and hospital officials.

In Van Pelt’s order, the judge said neither side can file motions in this lawsuit until March 13. After that, they can schedule another hearing as long as they give the other side 60 days’ notice. That means there won’t be a hearing until at least May.

And there may never be one. The hospital board may produce the remaining audits before then.

Poston said the hospital board began reaching out to auditors once the county filed its lawsuit. Before that, they didn’t know the county commissioners wanted them.

“The lapse of annual audits was never brought up or mentioned until relatively recently,” Poston said. “They’re cranking them out in chronological order.”

Young said the county commissioners are satisfied to wait for the hospital to produce its audits. For a while, at least.

If the hospital doesn’t produce them in the coming months, the county will press the issue.

“From Catoosa County’s perspective, the plan going forward is simple,” Young wrote in an email. “[The order] was issued to give the Hospital time to focus on this issue as a part of the bankruptcy. If these efforts are not successful during the time frame granted by [the order], Catoosa County can then re-set the matter.”

Contact staff writer Tyler Jett at tjett@timesfreepress.comor 423-757-6476.