A dispute over plans for a joint replacement specialty hospital has turned into a civil action lawsuit against the city of Indio.
John F. Kennedy Memorial Hospital filed a lawsuit on Oct. 16 in Riverside County Superior Court against the city, the Indio City Council and Joint Replacement Hospitals of America LLC, citing environmental concerns.
The lawsuit stems from the City Council's Sept. 16 decision to deny an appeal by JFK Memorial and uphold the Indio Planning Commission's approval of the specialty hospital project proposed for the corner of Avenue 44 and Golf Center Parkway.
In its lawsuit, the hospital requests an injunction to suspend work on the project until an adequate environmental review has been completed. Attorney fees and costs are also being requested.
The specialty joint hospital is proposed by Richard Warner, chief executive officer of Joint Replacement Hospitals of America LLC, and Raj Sinha, an orthopedic surgeon on staff at JFK and Eisenhower Medical Center.
Warner said he fears that the lawsuit will hold up the project, which was slated to open in 2012 barring any roadblocks.
“It's sad for people who are in need of joint replacement. It will stall it for a long time,” he said.
JFK attorney Richard Zeilenga could not be reached for comment, and a phone call to hospital spokeswoman Rhonda Koch was not returned.
The lawsuit alleges that the plaintiffs violated the California Environmental Quality Act by approving the project without environmental review.
JFK filed the appeal with the city on the same grounds.
City officials and Warner contend that the hospital is using the environmental review angle to kill the project, and that the real reason behind their desire to stop the project is competition.
According to a letter dated July 7 to the city by Zeilenga: “If the project diverts paying patients from JFK, JFK may be forced to reduce services to remain financially viable, which may include emergency room services. The closure of JFK, in part or whole, could create a significant impact on the environment because the citizens of Indio would lose their emergency-care facilities” and would have to drive to other locations.
The 12-bed specialty hospital would consist of a 29,000-square-foot single-story space that uses the latest technology, such as robotics and computer-assisted surgery.
Warner said he will fight the lawsuit.
“We're absolutely going to build it,” he said. “It's my life's dream. I'm 66 years old, and I'm going to build it it if it takes 20 years.”


In your voice|
Read reactions to this story