08-3187 Volume Appendix15.pdf - Medical Supply Chain

and the US Senator from Missouri had lost their seats due to public concern over
the lack of affordable healthcare:
“Hon. Senator Mike DeWine, the chair of the US Senate Judiciary
Committee's Antitrust Subcommittee hearing that during the fourth year of
antitrust hearings on the defendant Novation’s anticompetitive conduct in the
hospital supply market concluded Novation’s abuses could be better
corrected with private antitrust litigation than with new legislation 95 on
pg.52. Senator Mike DeWine lost his re-election on November 4, 2006. The
senator from Missouri, Hon. Jim Talent also lost his seat in part because of
the healthcare issue.
See KC Star Buzz Blog Sept 29, 2006 CAMPAIGN AD BUZZ | McCaskill
criticizes Talent on Medicaid.”
See Exb. 22.
39. The harsh rebuke’s of the petitioner, sanctions overtly contrary to
controlling law and the threats of more sanctions if any post trial motions are made
had the foreseeable effect of making it difficult for the petitioner to obtain counsel
for an appeal.
40. The appeal was ultimately dismissed based on timeliness.
E. Respondent’s Effect on Other Litigation
41. The respondent’s dismissal of Medical Supply II which included the
defendants Neoforma, Inc. and Novation LLC aggrevated the government’s False
Claims Act investigation of Novation LLC.
42. On November 17, 2007 the New York Times ran a feature interview on the
newly unsealed case by a senior Novation LLC manager who witnessed the
conduct described by the petitioner in the Medical Supply complaint: See Exb 23.
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08-3187 Medical Supply Chain vs. Neoforma Volume XV 5709