Tuesday, September 15, 2015

No lateral moves allowed between health systems: an illegal conspiracy in North Carolina--or the future of medicine that UCSD is aggressively seeking in California?

Is this the future in California if UCSD wins its poaching lawsuit against Dr. Paul Aisen regarding Aisen's decision to transfer his Alzheimer's study to USC? Is it unlawful restraint of trade? Science magazine reports on what happens when health systems collude to stop their employees from moving to other institutions.
“[L]ateral moves of faculty between Duke and UNC are not permitted.”
–UNC's chief of cardiothoracic imaging

An academic 'poaching' lawsuit from a scientist who didn’t move
By Beryl Lieff Benderly
Science
September 10, 2015

In August, we reported on the lawsuit brought by the University of California, San Diego (UCSD), against the University of Southern California (USC) in Los Angeles, in an effort to stop USC’s alleged attempt to bring a multimillion-dollar Alzheimer’s disease research project along with its new recruit, neuroscientist Paul Aisen, from UCSD to USC. We noted that though some observers view universities’ efforts to bring major researchers to their campuses from elsewhere as effective recruiting, others see it as harmful poaching.

In North Carolina, meanwhile, another scientist’s effort to move from Duke University in Durham to the University of North Carolina (UNC), Chapel Hill, has also resulted in a lawsuit, but for an entirely different reason. Danielle Seaman, an assistant professor of radiology at Duke, claims that “an illegal conspiracy” among Duke, UNC, and the two universities’ health systems not to raid each other’s talent barred her from consideration for an advertised opening at UNC, according to the complaint filed with the court.

Allegedly, the institutions’ goal was to “suppress the compensation of their employees,” according to the complaint. “Without the knowledge or consent of their employees, [Duke’s] senior administrators and deans entered into express agreements [with UNC] to eliminate or reduce competition … for skilled medical labor” by not “hir[ing] or attempt[ing] to hire” from each other. This deal, the complaint argues, constitutes an unlawful restraint of trade...

Read more here.