Jury sides with hospital in doctor’s retaliation suit

A jury has decided that a St. Louis County hospital did not retaliate against an African-American anesthesiologist who was considered for the job of chief of his department.

Dr. Jeffrey Carter sued Missouri Baptist Medical Center for alleged violations of the Missouri Human Rights Act regarding its actions toward him in 2010. Carter was a board-certified employee of Ballas Anesthesia Inc., which provided services to Missouri Baptist under a 1996 contract, according to the suit. The contract required both institutions to select a mutually acceptable candidate to serve as chief of the hospital’s anesthesiology department.

The suit alleged that Joan Magruder, president of the hospital, began discussions in late 2009 to choose a new candidate for the job. Early the following year, the Ballas Anesthesia board recommended Carter in a 14-0 vote with one abstention.

“Defendant Magruder refused to recognize the vote and the decision of BA that Plaintiff was its choice for Chief,” read the plaintiff’s petition. “Magruder stated she wanted a role in the selection process.”

The plaintiff’s petition alleges that Magruder said she felt “blindsided” by the decision and requested a search committee be formed. The plaintiff further alleged that the defendant used her power and authority to pressure the board to select another candidate through various means including by threatening to terminate the hospital’s contract.

The search committee was told that Carter was “not our guy” and one committee member “strongly implied” that Carter could not or would not be chief because of his race, according to the suit.

A white female was ultimately selected for the job, but later resigned that position, according to the suit. The suit alleged that Magruder demanded that employee be allowed to return to the job or the hospital might issue a new request for proposal for the contract.

When the former chief did not return, Carter was offered the position in June 2012 but the suit alleged that the offer was not made in good faith, and came the day after the court denied a motion to dismiss the race discrimination suit the plaintiff filed in 2011.

The plaintiff alleged both discrimination and retaliation. The jury found in favor of both Magruder and Missouri Baptist on retaliation. John Comerford of Dowd Bennett, which represented the defendants, referred an email with questions on the matter to BJC HealthCare which issued a statement expressing satisfaction with the case’s resolution.

“BJC was pleased with the outcome of the trial and continue our focus on our mission of improving the health of the patients, families and communities we are privileged to serve,” it said.

Meredith Berwick, an attorney with Dobson, Goldberg, Berns & Rich, which represented the plaintiff, said the lead attorney on the matter was out of town and she could not issue comment regarding the case.

Defense verdict

Employment

Venue: St. Louis County Circuit Court

Case Number/Date: 12SL-CC01554/Nov. 17, 2015

Judge: Michael Burton

Last Pretrial Demand: $1,000,000

Caption: Jeffrey Carter, M.D. v. Missouri Baptist Medical Center; BJC Health System, BJC HealthCare; Joan Magruder

Plaintiff’s Attorneys: Jerome J. Dobson, Meredith S. Berwick and Nicole A. Matlock of Dobson, Goldberg, Berns & Rich, St. Louis

Defendant’s Attorneys: Edward L. Dowd, Jr., John D. Comerford, James F. Bennett, Sheena R. Hamilton of Dowd Bennett, St. Louis

Correction: A verdict report on the case of Carter v. Missouri Baptist Medical Center et al. in the Feb. 8 issue incorrectly reported the claims that went to the jury. The jurors sided with the defense on a claim of retaliation. A separate discrimination charge was dismissed before trial by the judge over the issue of whether the plaintiff was an independent contractor, a ruling which is now the subject of a pending appeal. We regret the error.