Taking a final shot before meeting in court, lawyers for Greenwich Hospital are rejecting a claim that the hospital violated fair trade policies in their handling of a drug-addicted surgeon.

Earlier this year, the hospital asked a judge to strike the central claims of lawsuit, arguing that the class action lawsuit does not make a "cognizable claim" under the Connecticut Unfair Trade Practices Act. If granted, the lawsuit will be defeated.

"Plaintiff's changing legal theories and lack of candor on the applicable law demonstrate that they are struggling to stay alive in the face of the hospital's well-founded motion to strike," states the recently filed motion.

The original complaint, filed in 2008 in state Superior Court, alleges that the hospital violated state trade laws by ignoring Dr. Ian Rubins' drug problems to maintain the profitability of their specialized breast center. Rubins, a private plastic surgeon who had privileges at the hospital, died of a heroin overdose in 2008, just months after the state medical examining board suspended his license. Rubins had a string of incidents involving substance abuse and had entered rehabilitation programs several times while at the hospital.