A prominent obstetrician-gynecologist has filed a lawsuit against his former business partners and associated entities, alleging defamation, tortious interference, and breach of fiduciary duty. Dr. Kenneth Konsker lodged the complaint in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida on July 19, 2024, naming Aaron Sudbury, Genevieve Roberts, Kathy Kraay, Florida Woman Care LLC (FWC), and Unified Women’s Healthcare LP as defendants.
Dr. Konsker's complaint details a long-standing professional relationship that turned sour following corporate restructuring and disagreements over management practices. According to the filing, Dr. Konsker co-founded FWC in 2009 before selling a controlling stake to private equity groups that restructured the company under Unified Women’s Healthcare LP. Despite this sale, Dr. Konsker continued to manage Care Center 001 and expanded his practice significantly until tensions arose over corporate decisions he opposed.
The lawsuit claims that Dr. Konsker's resistance to certain corporate policies led to friction with the defendants. He alleges that his efforts to maintain physician autonomy were met with hostility from the new management structure. This tension is highlighted by emails from another physician member, Dr. Maureen Whelihan, who expressed similar frustrations with FWC and Unified’s leadership regarding their management practices and accounting issues.
In one instance cited in the complaint, Dr. Whelihan wrote: "I am worried... I had no idea that the majority of board members were experiencing the same degree of incompetence and lack of oversight and accountability from management staff." The filing also references a previous settlement where FWC paid $1.7 million to resolve a False Claims Act suit for fraudulent billing practices.
Dr. Konsker accuses the defendants of deliberately underfunding his breast center projects as part of an alleged scheme to fabricate grounds for his termination through a sham HR investigation. He asserts that after his removal without cause, false statements were disseminated among colleagues and patients suggesting he had abandoned them.
"Defendants wrongfully suggested that Dr. Konsker abandoned his patients," states the complaint, which also notes how patients were left with an automatic email reply devoid of useful information following his abrupt termination.
Dr. Konsker is seeking damages for defamation per se, defamation by implication, tortious interference with business relationships, civil conspiracy to commit tortious interference, conversion related to withheld profit-sharing funds amounting to $39,187.50, and breach of fiduciary duty due to mishandling billing processes and patient communications.
Representing Dr. Konsker are attorneys Thomas U. Graner and Eric R. Kemper from Graner Platzek & Allison P.A., while Erik Matheney from Shutts & Bowen LLP represents Florida Woman Care LLC in this matter.