Media Contact
Art Menke
Public Relations Manager
T. 816.460.5243
Areas
Health Care
|
News Room
10/21/2008
U.S. Supreme Court Denies Cert in Vesom v. Atchison Hospital
Successfully shepherding a legal matter through numerous lower courts, Lathrop & Gage was able to bring to a close Vesom v. Atchison Hospital when the nation's High Court denied to hear the case this week. Dr. Pitt Vesom had filed his petition for Writ of Certiorari this summer with the U.S. Supreme Court, but cert was denied yesterday.
In May, the Tenth Circuit U.S. Court of Appeals affirmed a lower court's summary judgment that held in favor of defendants Atchison Hospital and three individual physicians. The successful legal team has been led throughout by Members Andy Ramirez (Healthcare - Overland Park) and Mark Ferguson (Labor & Employment - Overland Park).
If granted, the High Court would have heard Dr. Vesom's case for oral argument during the current term. Dr. 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. The plaintiff had asked for over $18 million and unsuccessfully alleged racial discrimination, and that the defendants' actions led to him losing business and damaged his professional reputation.
"This is a great vindication for the hospital, and is definitely the fair and just result," said Mr. Ramirez, who regularly consults healthcare clients on the full range of medical staff and corporate compliance issues. "The Supreme Court viewed this in the same light as three Justices of the Tenth Circuit and a United States District Judge saw it, which is that the hospital did all that it needed to do in order to continue to serve its patients with the best possible healthcare and manage its own organization."
The Lathrop & Gage legal team successfully argued during earlier stages of this litigation that the opposing argument failed to present any facts that supported Dr. Vesom's claims that he was discriminated against. Atchison Hospital also was able to evince 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 opinion, the plaintiff's evidence was exposed as "sham," and the hospital had been "sandbagged" by the plaintiff. To read the Supreme Court's order in full, click here.
About Lathrop & Gage:
A leading Midwest full-service law firm, Lathrop & Gage L.C. has approximately 300 attorneys in 10 offices nationwide – from Denver, Colo. to New York, New York. In 2008, Chambers USA ranked Lathrop & Gage’s corporate, environmental, intellectual property, litigation, real estate and labor and employment teams among the best in the Midwest. For more information, visit www.lathropgage.com or www.beentherewonthat.com.
|
|