Tenet Healthcare Corp., Dallas, said a judge upheld 18 counts in the physician kickback case involving Tenet's Alvarado Hospital Medical Center, San Diego, but dismissed two counts. Alvarado, former Alvarado Chief Executive Officer Barry Weinbaum and a Tenet subsidiary sought a full dismissal, contending the prosecution had failed to prove its case.
U.S. District Judge M. James Lorenz in San Diego had delayed ruling on the motion to dismiss in order to send the case to the jury; however, the jurors were unable to reach a unanimous verdict, prompting a mistrial. The case had been set for retrial starting March 29, but Lorenz won't be available for a trial until May, Tenet said. The counts that were upheld included conspiracy to violate federal anti-kickback law.