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Association of American Physicians and Surgeons, Inc.
A Voice for Private Physicians Since 1943
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Poliner v. Presbyterian Hospital of Dallas

On August 26, 2004, a jury ruled against James Knochel, MD; Charles Levin, MD; John F. Harper, MD; and the Presbyterian Hospital of Dallas due to the sham peer review which resulted in adverse action against Dr. Poliner's cardiac catheterization privileges. The jury awarded Dr. Poliner $366 million which was reduced to $22.5 million by the district court judge. The U.S. Court of Appeals for the Fifth Circuit on July 23, 2008, reversed the district court. Dr. Poliner has petitioned the United States Supreme Court to hear the case.

  • Dr. Poliner's Reply Brief in Response to Opposition Brief Against Petition to U.S. Supreme Court - 12/22/2008
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  • Presbyterian Hospital's Reply in Opposition to Respondents Petition - 12/15/2008
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  • AAPS Amicus Brief in Support of Petition for Writ of Certiorari Submitted to U.S. Supreme Court - 11/21/2008
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  • Petition for Writ of Certiorari Submitted to U.S. Supreme Court - 10/21/2008
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  • U.S. Court of Appeals - Fifth Circuit Reverses Lower Court Decision - 7/23/2008
    Read Decision

  • AAPS Amicus Brief in Support of Dr. Poliner
    filed with the U.S. Court of Appeals - Fifth Circuit - 10/11/2007
    Download PDF File

  • Texas State Board of Medical Examiners Final Reply to AAPS Letter - 12/05/2006
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  • Memorandum Opinion and Order in US District Court for the Northern District of Texas by Judge Jorge A. Solis - finds that maximumum recovery is $21 million in actual damages and $1.5 million in punitive damages - Sept. 18, 2006
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  • Applicable Sections of Occupations Code of Texas to 3 physicians found responsible in Sham Peer Review against Dr. Poliner
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  • AAPS Reply to Texas Governor Rick Perry - 9/08/2006
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  • AAPS Reply to Texas State Board of Medical Examiners - 9/08/2006
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  • Governor Rick Perry's Reply to AAPS - 8/30/2006
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  • AAPS Letter to Texas Governor Rick Perry - 5/30/2006
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  • Texas State Board of Medical Examiners Reply to AAPS Letter - 4/17/2006
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  • Court upholds jury's findings in peer review case - AAPS News of the Day - 4/7/2006

  • Memorandum Opinion and Order in US District Court for the Northern District of Texas by Judge Jorge A. Solis - upholds jury's finding and orders mediation to determine the amount of damages - March 27, 2006
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  • AAPS Letter to Texas State Board of Medical Examiners
    asking to file a formal complaint for unprofessional conduct by James Knochel, MD; Charles Levin, MD; and John F. Harper, MD - March 6, 2006
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  • Jury Verdict awarding Dr. Poliner damages of $366 million
    filed August 26, 2004
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