Heritage Valley Health System on Monday asked a federal court judge to disqualify the Pittsburgh attorney and law firm that is pursuing a whistleblower lawsuit against the system, citing what is described as a clear conflict of interest.
In a motion filed in U.S. District Court for the Western District of Pennsylvania, HVHS claimed that attorney Charlie Kelly and his law firm, Saul Ewing LP, should be disqualified from pursuing a False Claims Act lawsuit against the health system because he served as HVHS board director and counsel for three years — up until six months before representing two system nurses in a whistleblower complaint against HVHS.
The whistleblower lawsuit claimed that former HVHS CEO Norm Mitry and other managers failed to answer numerous complaints from nurses Jennifer Duckett and Samantha Gallo about drug usage on the job by Heritage Valley Sewickley Hospital emergency room nurse Nolan D. Chismire, of Baden. Chismire’s negligence due to narcotic usage was implicated in the deaths of two patients, according to the six-count whistleblower lawsuit.
As of Monday, Chismire’s license to be a registered nurse was still active, according to state records.
The U.S. attorney declined to join the whistleblower lawsuit, which was filed under seal before it was unsealed in June.
Kelly “cannot ignore his fiduciary obligations from those roles and prosecute claims against HVHS based on matters substantially related to confidential, protected information in the...
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