Court Roundup

Kentucky UK hospital sues to force someone to claim body LEXINGTON, Ky. (AP) -- The University of Kentucky Chandler Hospital has filed a lawsuit asking a judge to force one of two coroners to take possession of a body that has been unclaimed in the morgue for more than three months. University of Kentucky spokeswoman Kristi Lopez told The Lexington Herald-Leader that hospital officials have contacted relatives of Robert George, but no one has claimed his body. And, Lopez said, the coroners in Fayette and Pulaski counties refuse to take the remains for burial. "I assure you we've done everything we can to find a family member to take possession of the body," she said. "It's just a very unfortunate situation." Fayette County Coroner Gary Ginn says George, who died March 27, is the responsibility of Pulaski County, where George lived. "It's not that the Fayette County coroner doesn't want him; it's the fact that he was a resident of Pulaski County," Fayette County Coroner Gary Ginn said. "Pulaski County is supposed to bury him as an indigent, which I understand he was." Ginn said that if George had been from Fayette County, he would have "stepped up to the plate." "He wasn't a coroner's case. He died a natural death, from what I understand," Ginn added. "The gentleman has been there for a long time, and he just needs to be buried." Pulaski County Attorney Martin Hatfield says George died in Lexington, making him the responsibility of the coroner there. "Our position is, the fellow died in Fayette County, and it's the coroner's obligation up there to take care of burying the body," Pulaski County Attorney Martin Hatfield said. "It's kind of a unique situation, really." George, an adult, was admitted to the UK hospital March 24 and died days later. Court records list his cause of death as a cerebral vascular accident. There are no additional details about George in the court records, other than he's thought by UK officials to have been a resident of Pulaski County when he was admitted to the hospital and not entitled to a military burial. The hospital declined Thursday to provide any more information about George's background. Ginn said that in other cases where an indigent person from another county has died in a Lexington hospital, officials from the person's home county have taken responsibility for burying the person. "It's a very sad situation," Assistant Fayette County Attorney Jason Rothrock said. "I think it's a pretty novel issue." Mississippi Kidney dialysis companies in court fight JACKSON, Miss. (AP) -- A Hinds County judge will decide which of two companies can operate a kidney dialysis treatment center in Montgomery County. The Mississippi Supreme Court ruled in February 2010 that the Department of Health lacked authority to extend approval through a certificate of need to Renal Care for almost three years to allow construction. In 2004, when Renal Care received its CON, state law said it was valid for a year and could be extended for six more months. However, the Health Department extended it four times with construction beginning in 2007. The state of Mississippi requires a certificate of need, a process to avoid duplication of health care services and control costs. The certificate of need can be approved or disapproved. The Health Department denied Dialysis Solutions a CON in 2006 because Renal Care already had a certificate. Certificates are granted or denied in an effort to control costs. "Their certificate of need had expired. It was void," Terris Harris, an attorney for Dialysis Solutions, told The Clarion-Ledger. Harris said Dialysis Solutions believes it is entitled to a restraining order to prevent the department from retroactively granting a certificate of need to Renal Care. Assistant Attorney General Chris Lomax argued in circuit court this week that if the Health Department improperly revoked Renal Care's license, it could open itself up to a lawsuit. "Renal Care Group has a valid certificate of need," he said. Harris said Renal Care didn't move to start construction until after Dialysis Solutions filed its application. The Mississippi Supreme Court noted in its decision that Hurricane Katrina impacted Renal Care Group Inc. facilities on the Coast and also facilities that were involved in negotiations that led to the purchase of Renal Care Group. Construction had to be put on hold until federal regulators approved the transaction. Circuit Judge Winston Kidd gave all sides up to 20 days to provide written briefs before he rules on the motion for a preliminary injunction. Published: Mon, Jul 11, 2011