US · ongoing · ~6 min read
Musharbash v. U.S. Anesthesia Partners
2026–present · hospital anesthesia
A Texas anesthesia monopoly case survived in part on September 30, 2026. The hospital claims continue. Some related claims were dismissed.
The story
USAP has been accused of buying local anesthesia groups.
The court said the plaintiff only bought hospital anesthesia, so surgery-center claims failed for standing.
It also said commonly owned entities cannot conspire with each other, and dismissed that count.
Why it matters
Hospital bills are the price.
What was claimed
Acquisitions and a billing deal raised hospital anesthesia prices.
The other side
The dismissal of the conspiracy count is a real loss for that theory.
What it means for you
The case is narrower than the complaint, and it is not finished.
Bottom line
The USAP hospital-anesthesia claims are still live after the September 30, 2026 order.
Timeline
30 September 2026
Hospital claims proceed
The Southern District of Texas dismissed surgery-center claims and a conspiracy count, and let the main hospital-anesthesia claims continue.
Key dates
- Partial dismissal
- 30 September 2026
Formal snapshot
Summary: A patient alleges U.S. Anesthesia Partners and Welsh Carson monopolized hospital anesthesia in Texas by acquisitions and price alignment. On September 30, 2026 the court kept the principal hospital claims and dismissed others.
Regulator / plaintiff argument: The surviving theory is roll-up acquisitions and a deal that billed a competitor's services at USAP's higher rates.
Outcome: Hospital-market claims continue. Surgery-center claims were dismissed without prejudice. A conspiracy count among commonly controlled entities was dismissed with prejudice.
Conduct tags
Laws referenced
- Sherman Act §1 — 15 U.S.C. §1
- Sherman Act §2 — 15 U.S.C. §2
Companies
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