Virtua Sues N.J. to Thwart EMS Takeover by Cooper University Hospital

July 28--Virtua Health System has sued the state of New Jersey over legislation, signed earlier this month by Gov. Christie, that allows Cooper University Hospital to take over emergency medical services in Camden.

The suit filed Monday in Superior Court in Mercer County asks the court to stop the implementation of the law. Capital Health System is also a plaintiff, because the service it provides in Mercer County would be taken over by Robert Wood Johnson University Hospital.

Both Virtua and Capital Health have provided advanced life support -- or paramedic -- services for more than 30 years.

Philip H. Lebowitz, a Philadelphia attorney who is representing the hospitals, said Virtua and Capital Health are asking the court to declare the law unconstitutional.

That Christie has already signed it "is a hurdle," Lebowitz said, "because courts are instructed to give the benefit of the doubt to legislators that their enactments are constitutional."

But, he added, "we think that the statue will be overturned."

Lebowitz said the legislation gives Level I trauma centers such as Cooper "special treatment," because it allows them to take over advanced life support services in their local municipalities -- even though Virtua, which is not a Level I trauma center, already provides it.

Supporters of the takeover have said it will reduce response times and lead to better care.

The state has 35 days to respond to the complaint.

mboren@phillynews.com

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