Final link to troublesome relationship finally broken
Robbinsville – It’s over.
With a favorable outcome looking dim for the defendant, Dr. David Castor – director of Bryson City-based Smoky Mountain Urgent Care – moved to have a longstanding lawsuit between himself and Graham County dismissed on April 4. The final paperwork was filed exactly one week later.
The lawsuit was dismissed “with prejudice,” meaning it cannot be refiled.
As part of the settlement, Castor will also have to release medical records on a per-need basis – as requested – to Graham County Urgent Care & Family Practice, which re-opened inside Smoky Mountain Urgent Care’s former Robbinsville location (21 S. Main St.) on Feb. 14. The county had entered into a lease with Castor to provide urgent care services, but several contractual violations observed by local officials led to the filing of a lawsuit.
Three agreements existed: urgent-care services with late and weekend hours, imaging services and inmate care for those housed at the Graham County Jail. The hours at Smoky Mountain Urgent Care in Robbinsville slowly became more reduced, however, and complaints of lengthy wait times – both in person and on the phone – led to the county taking a closer look at the day-to-day operations.
Castor filed a countersuit. After losing the suit in August, the judgment was entered Dec. 2 and Smoky Mountain Urgent Care had until Jan. 3 to appeal. When that date passed without action, the clock began ticking.
Following the loss, Castor had until Jan. 27 to vacate the premises. The doctor had a notice posted on the front door Dec. 27 about leaving Graham County, which understandably frightened local residents that depending on the convenient location for medical needs.
Today, the facility is undergoing a gradual rebuilding process. At the time of the Feb. 14 relaunch, Graham County Urgent Care had exactly three employees: Meggan Smith, the on-site family nurse practitioner; Dedie Millsaps Barker, a 26-year nurse in the county; and Emily Patterson, a phlebotomist. Only cash was accepted, but urgent-care services were still available seven days a week.
Just over 2 ½ months later, additional staff has been hired, and the facility accepts card payments as well as most insurance providers.
Hours are from 9 a.m. to 6 p.m. Monday through Friday, 9 a.m. to 2 p.m. Saturdays and 1-6 p.m. Sundays. Call (828) 479-7777 for more details.
A large motivator for legal proceedings to begin was Castor’s refusal to operate a myriad of equipment the county had purchased in an effort to limit the travel required for many medical screenings. Castor’s vacancy included the exit of the X-ray machine, which was the only major machine the county did not own.
A few modifications would be needed to get the machine into the allocated location at urgent care, but one was approved for purchase at the March 21 board of commissioners meeting. GE was awarded the bid, at a cost of $131,603.42. The machine will be purchased using American Rescue Plan Act funds, so there will be no impact on local tax dollars.
The X-ray will both stand up and sit down, with a weight limit of 770 pounds.
In addition to family and urgent care, the practice will also be utilizing equipment that sat dormant during the latter part of Smoky Mountain Urgent Care’s operation in the building: a urinalysis machine, ultrasound, mammogram, Sofia 2 (a machine that provides rapid COVID-test results), an A1C reader, a CBC (complete blood count) analyzer and a CT scanner.
A memorial plaque will soon be placed in the radiology department in memory of Robin Reynolds, a technician who set the standards for radiology inside the facility. Reynolds passed away in January.
Additionally, Dr. Scott Bjerkness is continuing his chiropractic practice inside the building, but he has relocated to just inside the front entrance. His hours are from 1:30-5:30 p.m. Mondays, and 8:30 a.m. to noon and 1:30-5:30 p.m. Thursdays.