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U.S. EX REL. ANTOON v. CLEVELAND CLINIC FOUNDATION

No. 13-4348.

788 F.3d 605 (2015)

UNITED STATES of America ex rel. David F. ANTOON and Linda R. Antoon, Relators-Appellants, v. CLEVELAND CLINIC FOUNDATION and Intuitive Surgical, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 11, 2015.

Attorney(s) appearing for the Case

ARGUED: Matthew C. Schultz , Brannon & Associates, Dayton, Ohio, for Appellants. Matthew C. Corcoran , Jones Day, Columbus, Ohio, for Cleveland Clinic Appellees. Colter L. Paulson, Squire Sanders (US) LLP, Cincinnati, Ohio, for Appellee Intuitive Surgical. ON BRIEF: Matthew C. Schultz , Dwight D. Brannon , Brannon & Associates, Dayton, Ohio, for Appellants. Matthew C. Corcoran , Chad A. Readler , Jones Day, Columbus, Ohio, Stephen G. Sozio , Jones Day, Cleveland, Ohio, for Cleveland Clinic Appellees. Colter L. Paulson , Thomas A. Zeno, Squire Sanders (US) LLP, Cincinnati, Ohio, for Appellee Intuitive Surgical.

LAWSON, D.J., delivered the opinion of the court in which McKEAGUE, J., joined and GIBBONS, J., joined in part and in the result. GIBBONS, J. (pp. 620-22), delivered a separate concurring opinion.

OPINION

When Colonel David Antoon (United States Air Force, retired) learned that he needed prostate surgery, he researched treatment options and specialists, which led him to the Cleveland Clinic and defendant Dr. Jihad Kaouk. Col. Antoon interviewed Dr. Kaouk and arranged for him to perform the operation...

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