Hahn Loeser and Northwest Community Hospital Earn Milestone Not Guilty Verdict

Peter M. Katsaros, Kelsey L. Smith, Nevenka S. Whitworth

Hahn Loeser is pleased to announce the successful defense of its client, Northwest Community Hospital, against a plaintiff seeking $15,000,000 in damages. With partner Peter M. Katsaros serving as lead counsel, the trial lasted nearly four weeks in state court in Chicago, coming to an end in November.

Hahn Loeser’s trial team included Rashmi Shivnani, Kelsey L. Smith, Nevenka Whitworth and Barb Szynalik. The trial featured seven experts, including five for the plaintiff, a general surgeon.

Seeking $15,000,000 in damages and more in punitives for the hospital’s withdrawal of clinical privileges, the plaintiff filed a 14-count complaint in federal court in 2013 for alleged violations of federal antitrust laws, Title VII, business torts, defamation and breach of the hospital’s staff physician by-laws.

Hahn Loeser defended the Title VII federal claim in Chicago and in the 7th Circuit, winning the dismissal of the Title VII claim by May of 2019. Nine state law claims were litigated in the state court in Chicago beginning in 2016. Four claims remained for a jury trial starting on October 17 of 2022.

Northwest Community Hospital filed 24 in limine motions winning 80 percent of them. Several of those successful motions stripped the plaintiff of evidence for defamation and false light claims and damages for alleged breach of staff physician by-laws. The sole remaining claim for injunctive relief for breach of staff physician bylaws was tried to the court (Honorable Thomas V. Lyons II) beginning on October 31, 2022 and ending November 10,2022. The not guilty verdict included a finding that allows Northwest Community Hospital to file a fee petition to recover over $3 million dollars of fees and costs from the plaintiff.

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