Attorney David Dingwell, of Tzangas, Plakas and Mannos, plans to file an injunction Wednesday morning on the city's behalf in Stark County Common Pleas Court.
MASSILLON The city aims to keep the doors of Affinity Medical Center open longer by filing a lawsuit Wednesday morning in Stark County Common Pleas Court.
Attorney David L. Dingwell, of Tzangas, Plakas and Mannos law firm, said he plans to file an injunction on the city's behalf to extend the hospital's closing date by about four months.
"We're requesting 120 days. We think this is the minimum time that would (allow) everyone to transition to a potential buyer or — at worst — a closure," Dingwell said Tuesday night following a City Council meeting. "We're dealing with a very short timeframe."
On Jan. 5, Quorum Health — the Tennessee-based parent company of Affinity — announced plans to close the hospital on Feb. 4.
Dingwell was present for council's meeting and briefed members and attendees on his intent to file the injunction.
According to Dingwell, a Common Pleas Court judge is likely to be assigned to review the city's filing early Wednesday. Court testimony among witnesses, such as city officials and Quorum representatives, could take place as soon as the afternoon.
It's up to the assigned judge to determine whether the testimony will be in open court or in a private chamber, said Dingwell, who predicted that a ruling will come soon.
"We expect an interim ruling in the next seven days," said Dingwell, noting that a judge could rule beyond the city's desire of 120 days or choose to shorten the number of days requested.
The city retained the services of Tzangas, Plakas and Mannos last week and has been working on building a legal case for multiple days, according to Mayor Kathy Catazaro-Perry, who said Tuesday night the hiring of the firm was done for the "safety, health and welfare of city residents."
"This (injunction) can allow us time to put forth a plan for acquisition of the hospital," the mayor said.
The city wants to help facilitate a deal for the sale of the hospital to a group of area physicians or another buyer.
Hospital ordinance passed
City Council fast-tracked legislation Tuesday night making it more difficult for Affinity to close abruptly and without ample notice.
Members voted 9-0 to approve an ordinance, which requires the city to be given at least a 120-day notice of a hospital closing. In addition, the measure advises that a hospital owner shall make a valid attempt to sell before announcing plans to close.
The legislation approved by council immediately applies to the pending closure of Affinity hospital, said Dingwell, who added that Quorum could choose to ignore the ordinance.
Violation of terms could lead to a first-degree misdemeanor charge, according to the ordinance, which is to be part of the city's court filing aimed at keeping Affinity open longer.
According to Catazaro-Perry, the legislation is similar to a bill introduced last week by state Rep. Kirk Schuring, R-Jackson Township, in the Ohio Legislature.
House Bill 462 aims to provide health care workers, patients and communities with up to nine months to react when a hospital says it plans to close.
Aultman ER in Massillon?
In a phone discussion earlier Tuesday with The Independent, Catazaro-Perry acknowledged having a discussion with officials from Aultman Hospital, regarding their plans to explore a standalone emergency room. However, the mayor said that's not what the city needs long term.
"Right now we are fighting for a different kind of hospital not a stand alone ER," she said.
As the CEO of the city, Catazaro-Perry said she wants a medical facility to provide the same type of care that Affinity afforded the residents of Massillon, including operating rooms, trauma units and quality cardiac care.
In a written statement on Tuesday, Aultman officials said the hospital working "quickly to explore opportunities to enhance and expand immediate and emergency care services at Aultman West" but would not comment further on plans adding more details would be provided as the become available.
"As always, we remain committed to the residents of Stark and Wayne counties, and to the entire region in leading our community to improved health," the statement reads.
Independent reporter Amy L. Knapp contributed information to this report.
Reach Steven at 330-775-1134 or at steven.grazier@indeonline.com.
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