Sonnenschein Argues Landmark Health Care Case to Supreme Court of Washington
On November 17, 2009, the Supreme Court of Washington heard oral argument in a case being watched by medical practices as well as state and national medical associations across the country. In Columbia Physical Therapy, Inc. v. Benton Franklin Orthopedic Associates et al., Sonnenschein appellate litigators represent an orthopaedic surgery practice seeking to protect its right to furnish physical therapy services to its patients. Only one other state supreme court had previously considered the issue of physician-owned physical therapy services (often referred to as POPTS), and, in that case, the Supreme Court of South Carolina ruled against the orthopaedic surgery medical practice.
The case has gained national attention, as Washington State is being viewed as a testing ground for physical therapy interest groups seeking to gain a monopoly for their members with respect to the furnishing of physical therapy services. More than 20 state and national medical associations, including the American Medical Association, the American Association of Orthopaedic Surgeons, the American Urological Association, and the Washington State Medical Association, filed amicus curiae briefs supporting Sonnenschein's clients. The American Physical Therapy Association and the Physical Therapy Association of Washington entered the case as amici curiae supporting Columbia Physical Therapy.
Sonnenschein appellate litigator Ken Pfaehler led the representation. The Court has not given a timeframe for when it will issue its decision in the case.
