11 Legislators Support Lahey’s Motion To Dismiss

May 17, 2017

Eleven current or former MPs — Alex Scott, Wayne Furbert, Kim Swan, Michael Scott, Zane Desilva, Kim Wilson, Mark Pettingill, Shawn Crockwell, Walter Roban, David Burt, and Dr. Ewart Brown — have submitted a filing in a Massachusetts Court in support of Lahey Clinic’s motion to dismiss, saying it is their view that the lawsuit is “politically motivated.”

In February 2017, the Bermuda Government filed a lawsuit in the federal court of Massachusetts alleging that Lahey conspired with former Premier Dr Ewart Brown, with payments to Dr Brown “disguised as consulting fees,” in return for which Dr Brown “ensured that Lahey received preferential treatment when bidding on healthcare contracts issued by the Bermudian Government.”

Dr Brown has already denied the allegations, calling them a “litany of lies,” while Attorney General Trevor Moniz has said “the Government believes it has substantial claims against Lahey”

The filing said, “Motion by Amici Curiae, eleven current and former Legislators from Bermuda, for leave to file an Amici Curiae brief in support of Defendants’ motion to dismiss

“William Alexander Scott, Wayne Furbert, Kim Swan, Michael Scott, Zane Desilva, Kim Wilson, Mark Pettingill, Shawn Crockwell, Walter Roban, David Burt, and Dr. Ewart Brown [collectively, “Amici”], respectfully move for leave to submit the attached amici curiae brief in support of Defendants Lahey Clinic, Inc.’s, and Lahey Clinic Hospital, Inc.’s motion to dismiss.

“Defendants’ counsel assents to this motion and Plaintiff Government of Bermuda’s [“Plaintiff] counsel has not yet indicated assent or opposition. A copy of the proposed brief has been submitted with this motion.

“Amici are eleven current and former members of the Bermuda government, who include five former Ministers of Health, two former Premiers, three former Attorneys General, and the current leader and deputy leader of the Progressive Labour Party, Bermuda’s Opposition Party.

“This is a case of great importance in Bermuda because the lawsuit targets a major healthcare provider in the country and a former influential leader.

“The Amici have a shared interest in offering the Court the social, historical and political context essential to a just assessment of the legal arguments offered both in support of and in opposition to the pending motion to dismiss.

“The Amici are uniquely situated to offer this important context as some of the Amici served in their government positions from 1998 to 2010, the relevant time period for the relationship between Lahey, Dr. Brown, and his clinics.

“Specifically, in the brief, the Amici use readily ascertainable news articles to highlight the information concerning the Lahey-Brown relationship that was known to the public during the relevant time period.

“In addition, the Amici describe the Bermudian parliamentary system, the history of politics and the role of the Attorney General in Bermuda. The Amici’s view is that the Plaintiff’s complaint is time-barred and that the lawsuit is plainly politically motivated.”

It also states, “This case is a political dispute being played out in a court in a foreign jurisdiction,” and “targeting a U.S. company that provides much needed health care in Bermuda – provides no benefit to Bermudians, is a costly undertaking for Bermudian taxpayers, and serves only the interests of the ruling political party, which is facing an election that will take place by May 2018 at the latest.”

Related legal document #1 follows below [PDF here]:

Related legal document #2 follows below follows below [PDF here]:

click here Bermuda Govt's lawsuit against Lahey

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