Contempt ruling stands in closed Yadkin County hospital case


By Kitsey Burns Harrison - kburns@yadkinripple.com



Yadkin County Attorney Ed Powell addresses attendees earlier this year at an emergency meeting called by the county commissioners following the unexpected closure of the Yadkin Valley Community Hospital on May 22.


Kitsey Burns Harrison | Yadkin Ripple

A hearing will be scheduled soon to determine the amount of damages that former hospital operator HMC/CAH owes to Yadkin County for violating a temporary restraining order and closing down the Yadkin Valley Community Hospital prior to the end of the lease term.

Following failed negations between the county, which owns the property, and hospital management company HMC/CAH, the hospital closed unexpectedly in late May and the county has been without a hospital since that time.

Just last month, Dr. James McGrath was able to reopen his physician’s practice which was previously located in the hospital and had to close when the rest of the hospital was shut down by HMC/CAH.

The legal battle has been ongoing since the closure of the hospital. HMC/CAH was found in contempt of court for defying the order to keep the hospital open and ordered to pay damages to the county for the expenses incurred because of the closure. HMC/CAH has continued to pursue legal action to get the contempt of court ruling revoked, but to no avail.

“The Federal Court in the Eastern District of North Carolina in Raleigh today [Nov. 4] heard and allowed Yadkin County’s motion to amend its Complaint, and the Court, after making this ruling, determined it was unnecessary to hear the Defendants’ Motion to Dismiss the Complaint,” stated a press release from County Attorney Ed Powell. “The Court told both parties in open court today that the Court would schedule a hearing in the very near future to make a determination of the amount of damages that the Defendants will owe to Yadkin County for civil contempt related to the violation of the previous Temporary Restraining Order entered in Wake County Superior Court and to allow the Defendants to purge their contempt by paying such damages. The Court again reserved its ruling on criminal contempt.”

Yadkin County Attorney Ed Powell addresses attendees earlier this year at an emergency meeting called by the county commissioners following the unexpected closure of the Yadkin Valley Community Hospital on May 22.
http://yadkinripple.com/wp-content/uploads/2015/11/web1_IMG_98251.jpgYadkin County Attorney Ed Powell addresses attendees earlier this year at an emergency meeting called by the county commissioners following the unexpected closure of the Yadkin Valley Community Hospital on May 22. Kitsey Burns Harrison | Yadkin Ripple

By Kitsey Burns Harrison

kburns@yadkinripple.com

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