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Settlement puts lid on eye surgery suit Doctor will pay $533,000 in damages to ex-partner By DANI DODGE When opthamologists don't see eye-to-eye, it can be an expensive business: Jackson County Judge Ross Davis approved a half-million-dollar settlement against an eye surgeon who violated a non-compete clause in his employment contract with an Ashland eye center. It is believed to be one of the largest employment-contract settlements ever in the county. The contentious civil lawsuit was filed three years ago against Dr. Jeffrey Rinkoff, who subsequently made claims that his former partner, Dr. William Rodden of Retina and Vitreous Center of Southern Oregon, had been fraudulently billing patients and Medicare. The FBI and other federal agencies investigated Rodden before dropping the case without charges. Davis signed the $533,000 damage settlement against Rinkoff last week. "This long ordeal is finally over and our position has been upheld," said Rodden. "It's been a trying three years for me, my family, and the employees of Retina and Vitreous Center of Southern Oregon. "But some good has come out of it. The investigation showed that our billing error rate is incredibly low, and our per-patient costs and re-operation rates are lower than other retina centers." Rodden founded his Ashland center specializing in retina surgery in 1992. In 1997, Rodden brought Rinkoff, a Pittsburgh retinal surgeon, into the practice. They are the only two doctors in this specialty between Santa Rosa, Calif., and Eugene, according to Rodden's attorney. When Rinkoff was hired, he signed a noncompete clause that stated if he left the practice for any reason he would not practice medicine within 50 miles of Ashland for three years. But Rinkoff started a retinal surgery business in Medford shortly after being fired. Rodden sued. Rinkoff alleged that Rodden practiced billing fraud and that he was fired because he would not participate. Medicare auditors from the Office of the Inspector General, the U. S. Attorney's Office and the FBI investigated Rinkoff's charges. Following a detailed review of medical and billing records and interviews, the investigation was dropped. "You have to put yourself in the shoes of a guy who had the FBI knock on his door," said Rodden's attorney David Ingall. "He (Rodden) had to defend himself. "He stood up to what he knew was right and went through a long process." Judge Davis heard the case over three days in November 1999 and ruled in Rodden's favor. Rinkoff was told to stop practicing within 50 miles of Ashland. Then Rodden and Rinkoff agreed to allow an expert in the medical field, called a "special master" to determine the amount of the settlement. Rinkoff moved his practice to Mount Shasta, Calif., which is out of the 50-mile radius. Rinkoff and his attorney William Fowler declined comment on the case. In the settlement, the special master counted both what Rinkoff made during his eight months of practice in Medford and future earnings denied Rodden because of patients doing business with Rinkoff. Reach reporter Dani Dodge at 776-4471, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.