SCRANTON — A physician fired by Geisinger Clinic in 2018 may continue to practice locally after a Lackawanna County judge denied a preliminary injunction sought by his ex-employer.
A restrictive covenant in Dr. Michael J. Rogan’s employment agreement that barred him from practicing medicine within 25 miles of his former Geisinger office for two years is unenforceable, Senior Judge Robert A. Mazzoni ruled.
In denying a request by Geisinger to uphold the covenant, Mazzoni concluded in a 37-page memorandum and order Thursday that the interests of the public in allowing Rogan to practice far outweigh the interests of his former employer.
Rogan was a contractual employee of Geisinger for 29 years until the health care provider terminated him July 13, 2018. At the time, he was working at the Geisinger Mount Pleasant facility in Scranton.
His termination led to multiple legal actions, including a lawsuit Rogan filed against Geisinger and a countersuit brought by Geisinger against the doctor, that are still pending in county court.
In the meantime, Geisinger petitioned the court for a preliminary injunction to enforce the restrictive covenant and its geographical limitations against Rogan, who opened his own practice in South Scranton earlier this year.
Mazzoni, who heard two days of testimony and argument on the petition in June, said while he found no ambiguity in the language of the covenant, the court was required to scrutinize whether its enforcement would compromise the ability of the public to obtain timely and adequate medical care.
Although Geisinger maintained Rogan’s departure had no effect on the operation at Mount Pleasant and his former patients were “absorbed” without difficulty, the judge said the impression was not universally shared.
He cited more than two dozen affidavits submitted by former patients “who have described a great deal of frustration in getting new appointments ... and experiencing delays in the delivery of care.”
“It is apparent to this court that Dr. Rogan wishes to work in Northeastern Pennsylvania within the (25) mile restriction,” Mazzoni wrote. “It is also apparent from a review of the record that terminating Dr. Rogan’s services would deny the community timely access to health care which would be compromised notwithstanding Geisinger’s testimony to the contrary.”
He also noted that Rogan, the only area physician board certified in child abuse pediatrics, serves as medical director at the Children’s Advocacy Center of Northeastern Pennsylvania and provides medical services to special needs children at St. Joseph’s Center.
Precluding Rogan from serving either of those organizations “in and of itself would be tantamount to depriving the communities of Northeastern Pennsylvania of a desperately needed service,” Mazzoni said.
Rogan’s attorney, Sal Cognetti, said the doctor is a professional who is dedicated to the well-being of his patients and the broader community.
“We are happy he can continue to serve those people,” Cognetti said. “They cherish him as a doctor, and he cherishes them as patients.”
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