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Novant drops litigation over Davie hospital
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Published: March 26, 2009
Updated: 03/26/2009 01:28 pm
Novant Health Inc. said today that it has ended litigation regarding Wake Forest University Baptist Medical Center's attempt to build a replacement hospital in Davie County.
But Wake Forest Baptist officials are not ready to do the same for a proposed hospital in Clemmons that Forsyth Medical Center wants to build.
The Novant decision comes nine days after the N.C. Court of Appeals granted an injunction to Wake Forest Baptist that keeps Novant from opposing a hospital proposal already conditionally approval by the N.C. Division of Health Service Regulation. Novant took the legal action in N.C. Business Court.
"We withdrew our comments in opposition to the certificate-of-need application, dismissed our contested case pending in the Office of Administrative hearings, and formally committed not take further steps to oppose the application," said Freda Springs, a spokeswoman for Novant and Forsyth.
The decision by Novant removes one of the two obstacles to the construction of the Davie hospital — the other is Baptist's own appeal of the conditions set by the state agency.
Baptist has appealed the agency's conditional approval of the proposed Clemmons hospital, which would be built about four miles apart from the proposed Davie hospital in Advance.
Forsyth has touted a two-hospital solution for months, while Baptist has been adamant about its opposition because it believes a Clemmons hospital would represent an unnecessary duplication of health-care services in that area.
Springs said that Novant made the decision primarily to "focus our energy on making Clemmons Medical Center a reality for the patients we serve in western Forsyth County and surrounding areas."
The proposed hospital is subject to zoning approval by the Village Council for the site off Harper Road and Interstate 40. The site and the hospital proposal has drawn criticism from some Clemmons residents who don't believe the village needs the hospital.
"Novant has repeatedly said that it does not oppose Baptist Hospital's efforts to construct a replacement hospital in Davie County, so long as Novant is able to construct its 50-bed hospital in Clemmons," Springs said.
Donny Lambeth, the president of N.C. Baptist Hospital, said that the hospital will continue to pursue its appeal of the proposed Clemmons hospital despite Novant's decision.
"Even though Novant has withdrawn its appeal, we believe the issues relating to the proposed hospital in Clemmons must be resolved before we can proceed with our proposed hospital in Davie County," Lambeth said.
"We appealed the state's decision because we believe the Novant ruling is contrary to the intent of the state's certificate-of-need law, and that the decision is a violation of the state's own rules.
"We realize the legal process is lengthy and appreciate the understanding and patience of the residents of Davie and adjoining counties," Lambeth said.
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