Orthopedic practice sues physician claiming noncompete breach

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Fort Wayne (Ind.) Orthopedics LLC is suing an orthopedic surgeon alleging he provided care at a competing group after he resigned, The Indiana Lawyer reported March 12.

Michael Rosen, DO, entered an employment agreement with Fort Wayne Orthopedics in August 2019, and there was a clause in his contract stating he would not work within 25 miles of the practice after leaving the group, the report said. In late 2024, Dr. Rosen said he planned to leave the practice, and his last day was Feb. 12, according to the lawsuit filed in Indiana’s Allen Superior Court.

Dr. Rosen began working at a practice “well within 25 miles of Cameron Memorial Hospital,” according to the lawsuit. Fort Wayne Orthopedics is looking for a preliminary injunction against Rosen while the lawsuit is pending, and a permanent injunction against any future breaches of the agreement. The lawsuit is also asking for compensatory damages and attorney fees.
The Indiana Lawyer was unable to reach Dr. Rosen’s attorneys for comment.

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