A jury in Illinois has awarded $1 million to a doctor who claimed that he had been fired in retaliation for blowing the whistle on one of his co-workers.
Facts & Allegations
Brett Ohlfs, an emergency medicine physician, was terminated from his position as an attending emergency room physician at Advocate Christ Medical Center in Oak Lawn, Illinois. He then sued, claiming that he had been terminated and threatened in retaliation for blowing the whistle on one of his co-workers, a physician at the hospital who purportedly had engaged in sexual activity and purportedly had made unwanted sexual advances toward younger female physicians at the hospital.
According to Dr. Ohlfs, his termination had been ordered after he had complained about his colleague's behavior as a “sexual predator” to the emergency department chair and hospital administrators.
His counsel contended that his termination had not been performance-based and had not been done at the request of the department chair.
The hospital maintained that it had not fired Dr. Ohlfs in retaliation for complaining about a co-worker's behavior but, rather, that he had not been in good standing at the time of his termination and had been terminated for insubordinate and disruptive behavior.
Dr. Ohlfs sought $1.5 million in non-economic damages for emotional distress, humiliation, stress, anxiety, and reputational harm, stemming from his termination and the threats to his future career.
Defense counsel argued that Dr. Ohlfs was exaggerating the extent of his non-economic damages.
Result
The jury found that Dr. Ohlfs had more likely than not opposed that which he had reasonably and in good faith believed to be sexual harassment. It also determined that the defendants had more likely than not retaliated against Dr. Ohlfs in terminating his employment.
The jury awarded Dr. Ohlfs $1 million in non-economic damages.
Defense counsel have indicated that they will file a post-trial motion arguing that the jury verdict was not supported by the evidence and was grossly excessive given the evidence on emotional distress, as well as preserving other issues for appeal.
The case is Ohlfs v. Advocate Health & Hospital and Advocate Medical Group, No. 13-L-5247 (Ill. Cook Ct. Oct. 3, 2016). Attorneys involved include: Joseph P. Wood M.D.; Joseph P. Wood, Esq.; Scottsdale, AZ, for Brett R. Ohlfs; Christina D. Hatzidakis; Hatzidakis Law; Chicago, IL, for Brett R. Ohlfs; Heather A. Bailey; SmithAmundsen LLC; Chicago, IL, for Advocate Medical Group, Advocate Health & Hospital Corp.; Allison Sues; SmithAmundsen LLC; Chicago, IL, for Advocate Medical Group, Advocate Health & Hospital Corp.
FC&S Legal Comment
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].