, '---

BOARD OF TRUSTEES
David J. Joseph, Jr.
Cha i rman
Robert Senior
Vice Chai rman
John R. Strauss
Vice Cha i rman
. Wi lli am A. Friedtander
Vi ce Chai rman
Robert W. Hel dman
1 reasurer
James A. Salinger
Secretary
Warren C. Falberg'
Pr esi dent
Mrs. Thomas Berger'
Phi li p 1.. Cohen
Bernard L. Dave
Mrs. Alvi n L. Dunbar
Ronald H. Fegelman, M.D.
John J. Frank
Arthur R. Friedman
Rabbi Fishel J. Goldfeder
David L. Graller, M.D.
Henry H. Hersch
Murray S Jall e, M.D.'
Robert I<anter
Simon Laza rus , Jr.
Henry A. Luri e
Samuel J. Mant el , Jr, Ph.D.
Sidney A. Peerl ess, M.D.'
John D. Rauh
Lee Schimberg
. Phi lip Steiner
Mrs. Joseph S. Stern , Jr.
Charles N. St ix
S. Charles Straus
Mrs. Leo Wayne'
HONORI\RY
Edward Kuhn
Phi l ip M. Meyers
Ex Ort icio
DI VISIONS
The School of Nursing
Chi ldren's Psychiatric Center
The May Institut e for
Medical Research
The Jewish Hospital
of Cincinnati
3200 BURNET AVENUE, CINCINNATI , OHIO 45229 513/ 872-3220 SINCE 1850
May 27, 1911
Private and Confidential
Dr. Henry J. Heimlich, Director
Department of Surgery
The Jewish Hospital
Cincinnati, Ohio 45229
Dear Henry:
As per our discussions of yesterday, the following represents
the areas which we agreed to in terms of your stepping down as
Director of Surgery, effective June 30, 1977, and the
accommodations the Hospital will make for the following six
months:
1. On site location
We have agreed to provide you with on site location in the
Surgical Teaching Unit, with an office including customary
office furniture, supplies, and telephone services, for a
period not to exceed December 31, .1977
2. Secretarial support
A full time secretary will also be allocated to you and,
as per your request, Natalie Meyer can continue with you;
however, we reserve the right when she is not occupied
full time, to use her in other areas as per our own
determination.
3. Title
We have agreed upon a title, again within the conf1nes of
your December 31st target date, of Director of Surgical
Research.
4. Terminal compensation
Under the provisions of yoUr agreement with the Hospital, a
fund in the amount of $176,925 will be placed in trust,
managed by the First National Bank of Cincinnati, and will
be paid in equal quarterly installments to you over a period
The Jewi sh Hospit al is an- eau[ll opoorl unity employ'] r pat i ent s ar p' accept ed without r eQa rd t o cl eed. co ror. n<ll i Ofl:l1 origl l'1 or S('x
Private and Confidential
- 2 -
of three years. We will entertain any reasonable alternatives which
may be advantageous to you and in conformity with our appropriate legal
and tax requirements.
5. Accounting for private income
You have agreed to provide us, no later than July 30, 1977, an
accounting of all of your private income for the fiscal year ending
June 30, 1977, and including an accounting of your uncollected or
unbilled income from private practice, as per Section 6 B, Page 6
of the Letter of Agreement. .
6. Esophageal Fellow
You will provide to me within the next week a proposed modus operandi
in which the educational program of the Esophageal Fellow will be
conducted, which we will review, approve or disapprove, as per our
legal responsibilities regarding our residency agreement with the
Council of Medical Education of the American Medical Association.
7. Vacation pay
At the point ofterrnination, i.e., June 30, 1977, you will receive in
addition to your regular compensation, payment equal to one month for
your unused vacation.
I would expect your relocation to the Surgical Teaching Unit will be completed
no later than June 30, 1977 and that we can count on your cooperation to assist
us in the transition period for the Acting Director of Surgery who will be
Dr. Ronald H. Fegelroan; except as specifically referred to in this letter
other benefits as have been outlined in our Letter of Agreement dated June 23, 1975,
will not be applicable after June 30, 1977.
Attached is a copy of the notification to the Board of Trustees which I believe
represents our mutually agreed upon position and substantively reflects our
agreement regarding your change of position.
Please sign on the appropriate place below, the receipt and acknowledgment of
our agreement as per the provisions indicated above.
Best wishes are extended to you for every success in the future.
Cordially,
/lA-
~
/ / ~
/., 7 _
~ : : : ~ ~ C ~ Falberg,
Jewish Hospital
\{CF:heb
President
Received and
FORM 194
THE JEWISH HOSPITAL
MEMORANDUM
FROM:
Henry J. Heimlich, M.O)
Mr. C. Fa 1 bery,.
DATE:
May 31,1977
TO: SUBJECT:
Your letter of May 27, 1977
/ / ,
" . / \
In regard to your letter of May 27, 1977, attached with acknowledgement of
receipt, there were several items upon which we agreed that were not included .
1] The funds contributed by the Weston Foundation in my honor and for my use in
esophageal surgery are to be used only by me either at The Je\'Iish Hospital or
elsewhere.
2] The travel expenses, including one week's hotel and meals, for my lectures in
London, in June, are to be reimbursed by The Jewish Hospital in keeping with our
Letter of Agreement. I will also be on vacation two additional weeks at my own
expense .
3] Terminal compensation under the provisions of our Agreement be placed in
the trust account on or before June 30, 1977.
4] A suitable location for me to see and examine patients will be provided.
Other matters that should be considered at this time include:
1] Your letter states "other benefits as have been outlined in our Letter of
AC]reement dated June 23,1975, will not be applicable after June 30,1977."
This item was not discussed at our meeting on May 26, 1977. Please specify.
2J Under"#2. Secretarial support" discussed the matter of my secretary,
Natalie Meyer, working in other areas when I am away and she is not occupied
with mY"/ork. He did not take into consideration Meyer's own feelings.
She would prefer to not work in other areas and not be paid for hours when she
is not occupied with my duties . Her knowledge of my work and files makes her
presence essential to me during the transition period, therefore, your concurrence
with this arrangement is requested.
3] In regard to my phone, I request that my present numbers be transferred to the
new office as they are listed in the Cincinnati phone directory under my name.
4]
It is also important that they be transferred to me or discontinued and reference
given to my new number when (no longer occupy an offi ce ; n the hospita 1. P1 ease
advise.
The Cdrbett Foundation was given to me for the work of HARP. The funds
should be made available to me at The Jewish Hospital or elsewhere.
5] It is expected that The Jewish Hospital will obtain documentation that
coverage durinq the period of time I was employed by the Hospital will continue to
protect me for life. As you know, should I choose a new carrier for coverage such
protection will be terminated.
Cooperation durinq the transition period is, I am sure, mutually desired.
HJH:n
FORM 194 R1
THE JEWISH HOSPITAL
MEMORANDUM
TO: Dr. Henry J. Heimlich DATE: June 1, 1977
FROM: Mr. Warren C. Falberg
SUBJECT: Announcement of Your Changing Role
Dear Henry:
I was most disappointed to receive your memorandum disagreeing with the
contents of my communication to the Board of Trustees regarding your change
in position. According to our discussions which we held on Thursday,
May 26, and the notes which I made, we agreed that the announcement would
state that you will no longer be the Director of Surgery by mutual agreement.
Additionally, it was your intention to devote more time to the practice of
surgery and research. I believe my memorandum very specifically spelled
out this issue and used, in fact, your own wording.
In regard to your other letter concerning the provisions of our letter of
agreement, please be assured that we will meet our obligations with respect
to the establishment of the trust by June 30, 1977.
Lastly, I have not received to date a .copy of my memorandum outlining the
.accommodations which we have agreed to signed by you and I would appreciate
your forwarding this signed copy to me as soon as possible.
Cordially,
I ~ ~ /
Warren C. Falberg
mja
".'. ,''"''{'
4 .
. }.
PORN .ell
FROM:
TO:
THE J.EWISH HOSPITAL
MEMORANDUM
Henry J. Heimlich, M.O%
DATE:
June 3, 1977
Mr. Warren C. Falberg, President SUBJECT: Your memo of June 1, 1977
You are well aware that my termination from the hospital was not
initiated by me and that I did not You also know that I have
carefully tried to keep the record straight concerning my termination
and prepared for you precisely what could be said ,in a joint conmunication.
You the thrust of what I agreed to. I believe your action to be
improper. I would appreciate your advising the Board of Trustees concerning
the actual facts of my termination and your informing the members I will be
available, either before or after June 30, 1977, to discuss with them the
circumstances surrounding it.
HJH:n
".