UTMB wants doctor's termination case sent to federal court

GALVESTON - A notice of removal was recently entered into a local physician's lawsuit against the University of Texas Medical Branch.

The Office of Attorney General Greg Abbott filed the 7-page document Feb. 14 before the Galveston County 122nd District Court, stating the litigation between Dr. Stanley Allen and UTMB be moved to the Galveston Division of the Southern District of Texas.

Allen sued the medical branch last July 25 in response to the 120-year-old institution's alleged revocation of his surgical privileges without cause.

According to the original petition, UTMB stripped the plaintiff of being able to perform orthopedic operations in August 2009, abruptly ending his 14 years of surgical service.

Allen's career spans 35 years dating back to his residency program with the defendant, the suit states.

Court papers show Allen suffers from multiple sclerosis, which was diagnosed in 1983.

They further explain that UTMB informed him that he could no longer operate on patients though no reason was given, asserting Allen has not had any complaints from patients and his reported condition has not hampered his ability to perform his assigned job functions.

UTMB, which reportedly based its decision on the complainant's supposed inability to physical perform surgeries, submitted its original answer on Feb. 6.

The medical branch asserts the case should be heard in U.S. District Court because Allen's case evokes the Americans with Disabilities Act and the Rehabilitation Act, both federal statutes.

A jury trial is requested.

Case No. 11-cv-1208