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 1
KAISER SAURBORN & MAIR, P.C.ATTORNEYS FOR PLAINTIFF111 BROADWAY, 18
th
FLOORNEW YORK, NEW YORK 10006(212) 338-9100UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF NEW YORK
-----------------------------------------------------XJAMES HOLSAPPLE, M.D.,
Civil Action No.:
Plaintiff,
COMPLAINT
 -against-
 PLAINTIFF HEREBY DEMANDS
UNIVERSITY HOSPITAL,
A TRIAL BY JURY
Defendant.------------------------------------------------------XPlaintiff, James Holsapple, M.D., by his attorneys, Kaiser Saurborn & Mair, P.C., as andfor his complaint against defendant, alleges as follows:
PARTIES, JURISDICTION AND NATURE OF ACTION
1. Plaintiff, James (Jim) Holsapple, M.D. (“Holsapple” or “plaintiff”), is aneurosurgeon formerly employed by defendant.2. Defendant, University Hospital (“the Hospital” or “defendant”), is a health careinstitution authorized by New York State law to operate a Health Care facility within New York State.3. Original jurisdiction of this Court is founded upon 28 U.S.C. § 1331,
et seq.
inthat this is a civil action wherein the matters in controversy arise under the laws of the UnitedStates, particularly 31 U.S.C. § 3730(h), as amended (“the False Claims Act”). This Court alsohas pendent jurisdiction in connection with plaintiff’s New York Labor Law § 741 cause of 
5:11-CV-110 (TJM/GHL)
Case 5:11-cv-00110-TJM -GHL Document 1 Filed 01/31/11 Page 1 of 13
 
 2action.4. Plaintiff was retaliated against for objecting to and attempting to prevent andcorrect defendant’s fraudulent and unlawful conduct, including dangerous medical practices, inviolation of the False Claims Act and New York State Labor Law § 741.
BACKGROUNDI.DR. HOLSAPPLE’S HOSPITAL EMPLOYMENT
 5. On July 1, 1994, Dr. Holsapple commenced his employment with the Hospital inthe position of Assistant Professor of Neurosurgery.6. During the tenure of his employment, he held the positions of: 1) AssociateProfessor Neurological Surgery and Pediatrics Upstate Medical University (UMU) and an activeneurosurgeon at University Hospital, 2) Department of Neurosurgery Quality ImprovementOfficer (attending monthly meetings Committee for Quality Improvement (CQI) asDepartmental representative, charged with real time review and evaluation of all neurosurgical“problem cases” identified by Risk Management UH), 3) SUNY Faculty Senator (second term,elected by peers), 4) Clinical Clerkship Coordinator Neurosurgery Rotation UMU and 5)Residency Coordinator.7. At all times during his employment, Dr. Holsapple was very well regarded byUniversity staff and colleagues throughout his surgical discipline.8. In 2007, Dr. Holsapple was appointed to the Medical Executive Committee(“MEC”).9. The MEC’s primary responsibilities included: 1) receive CQI monthly summary
Case 5:11-cv-00110-TJM -GHL Document 1 Filed 01/31/11 Page 2 of 13
 
 3reports and vote on proposed actions, 2) review recommendations of the hospital credentialingcommittee, 3) review updates on status of medical record keeping, 4) review and vote onproposed by-law updates, 5) review and approval archived MEC “white minutes” and 6) reviewof non-archived “red sheets.”10. At the time of his employment, MEC’s membership included: 1) D. Smith, M.D.(UMU President), 2) P. Schaengold, J.D. (UH CEO), 3) S. Schienman, M.D. (UMU DeanCollege of Medicine), 4) S. Brangman, M.D. (MEC Chairperson, Geriatrics), 5) Ms. R. McGraw,J.D. (Institutional Attorney), 6) R. Kellman, M.D. (Chair Otolaryngology, UMU), 7) J.Holsapple, M.D. (Neurosurgery) Faculty, UMU), 8) B. Smallman, M.D. (Anesthesia Faculty,UMU) and 9) B. Simmons, M.D. (Internal Medicine Faculty, UMU).11. When he began to resist and object to medical practices that were both dangerousand fraudulent, Dr. Holsapple’s working environment turned hostile and ultimately became sointolerable that he could no longer pursue his professional career as a neurosurgeon.
II.DR. HOLSAPPLE’S OBJECTIONS TO UNLAWFUL MEDICAL PRACTICES
 12. In 2007, Dr. Holsapple communicated his concern to the MEC that the Hospital’sproposed practice of simultaneously running multiple spine cases in the Hospital’s operatingrooms was exceedingly dangerous and risked the well being of its patients.13. The proposal of which Dr. Holsapple complained envisioned performing twocomplex spine surgeries at the same time in separate operating rooms under the supervision of asingle complex spine surgeon who would be responsible for both cases.14. An assistant surgeon would be present in the room the complex spine surgeon was
Case 5:11-cv-00110-TJM -GHL Document 1 Filed 01/31/11 Page 3 of 13
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