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LEE v. BANNER HEALTH

No. 08CA0665.

214 P.3d 589 (2009)

James LEE, M.D.; Jeffrey Lee, M.D.; and Front Range Surgical Specialists, Inc., a Colorado corporation, Plaintiffs-Appellants, v. BANNER HEALTH, an Arizona non-profit corporation; Banner Health d/b/a North Colorado Medical Center; Donald Mellman, individually and as a former employee of Banner Health; Les Fraser, M.D., individually and as a partner in Greeley Medical Clinic; Rick Kiser, M.D., individually and as a partner in Greeley Medical Clinic; Lisa Burton, M.D., individually and as a partner in Surgical Associates of Greeley; Gene O'Hara, as Chief Executive Officer of North Colorado Medical Center; Peter S. Fine, as a member of the Banner Health Board of Directors and as Chief Executive Officer and President of Banner Health; Banner Health Board of Directors; and Appellate Review Committee of Banner Health, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

July 9, 2009.

Attorney(s) appearing for the Case

Charles H. Torres, P.C., Charles H. Torres, Denver, Colorado, for Plaintiffs-Appellants.

McConnell, Siderius, Fleischner, Houghtaling & Craigmile, LLC, Linda L. Siderius, Robert W. Steinmetz, Denver, Colorado, for Defendants-Appellees.

Banner Health, Banner Health d/b/a North Colorado Medical Center, and Donald Mellman.

Budman & Hershey, LLC, Kari M. Hershey, Denver, Colorado, for Defendants-Appellees Les Fraser, M.D. and Rick Kiser, M.D.

Hill & Robbins, P.C., John F. Walsh, III, Jennifer H. Hunt, Denver, Colorado, for Defendants-Appellees Lisa Burton, M.D., Gene O'Hara, Peter S. Fine, Banner Health Board of Directors, and Appellate Review Committee of Banner Health.

Opinion by Judge LICHTENSTEIN.

This appeal raises issues of subject matter jurisdiction under the Colorado Professional Review Act (CPRA), sections 12-36.5-101 to -203, C.R.S.2008, and immunity under the Health Care Quality Improvement Act of 1986 (HCQIA), 42 U.S.C. §§ 11101 to -11152.

Plaintiffs, Drs. James Lee and Jeffrey Lee, and their clinic, Front Range Surgical Specialists, Inc. (Front Range), filed a complaint in district court asserting various...

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