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A northeast Indiana orthopedic medical practice has sued an Allen County doctor for breach of contract, alleging that he violated the terms of his employment agreement by providing services at a competing facility shortly after resigning from the practice.
Fort Wayne Orthopedics LLC filed the lawsuit against Dr. Michael Rosen March 3 in the Allen Superior Court 2-Indiana Commercial Court.
Megan Torres, an attorneys for Beckman Lawson LLP representing Fort Wayne Orthopedics, said in an email that the medical practice declined to comment at this time.
DeLaney and DeLaney LLC, representing Rosen, could not immediately be reached for comment by The Indiana Lawyer.
According to the lawsuit, the Fort Wayne-based practice has 11 locations throughout northeast Indiana, including one in Angola in Steuben County.
The practice and Rosen entered into an employment agreement in August 2019.
It included a provision that, for one year following termination of his employment with the practice, Rosen would agree to not provide orthopedic medical services within 25 miles of any location where he provided services under the employment agreement.
The medical practice stated that Rosen gave notice in late 2024 that he intended to terminate his employment without cause, with his last day being Feb. 12.
It alleged that immediately following his departure, the practice learned Rosen was providing orthopedic medical services in Angola, “well within 25 miles of Cameron Memorial Hospital,” according to the lawsuit.
The practice is seeking a preliminary injunction against Rosen while the lawsuit is pending, as well as a permanent injunction against any future breaches of the agreement.
It is also seeking compensatory damages and attorney’s fees.
The case is Fort Wayne Orthopedics, LLC v. Michael Rosen, D.O., 02D02-2503-000007.
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