The Tenth Circuit U.S. Court of Appeals affirmed today a lower court's summary judgment that held in favor of defendants Atchison Hospital and three individual physicians in Vesom v. Atchison Hospital. Members Andy Ramirez (Healthcare - Overland Park) and Mark Ferguson (Labor & Employment - Overland Park) led the Lathrop & Gage legal team in this highly publicized lawsuit.

The plaintiff, Dr. Pitt Vesom, was a physician who had lost his privileges at the hospital in 2004, and then sued the institution along with three members of its medical executive committee for not renewing his medical staff privileges. Plaintiff, who asked for over $18 million, had alleged racial discrimination and that the defendants' actions led to him losing business and damaged his professional reputation.

The Lathrop & Gage legal team successfully argued that the opposing argument failed to present any facts that supported Dr. Vesom's claims that he was discriminated against. They also evinced that other charges of antitrust violations under section 1 of the Sherman Act, and claims alleging retaliation from the doctor, held no merit. According to the court's opnion, the plaintiff's evidence was exposed as "sham," and the hospital had been "sandbagged" by the plaintiff.  To read the opinion in full, click here.

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