Cases - 4th Circuit Upholds District Court Dismissal of Eye Surgeon in Class Action Suit

4th Circuit Upholds District Court Dismissal of Eye Surgeon in Class Action Suit

Resolution Date
08/29/2012

Practice Areas
Appellate
Health Care Litigation
Malpractice Defense

Description

Partners Lee Weatherly and Gary Lovellrecently prevailed before the 4th Circuit Court of Appeals, affirming the dismissal of a class action case where Lee and Gary represented a North Carolina eye surgeon. In this suit, the class representative claimed that a number of ophthalmologist eye surgeons and their employer, a national corporation, conspired together to violate the Federal Racketeer Influenced and Corrupt Organizations Act (RICO). The Plaintiff alleges that all of the Defendants conspired together to fraudulently misrepresent and hide from patients the fact that negligent medical care had been rendered. The Plaintiff alleges that the national corporation developed, and all Defendants utilized, an electronic data system to further the conspiracy to delay disclosure of the alleged negligent care to patients until after the state statute of limitations had expired. Lee and Gary’s client adamantly denied providing negligent care to any patients or participating in any conspiracy. The South Carolina District Court dismissed the class action for a number of reasons and the Fourth Circuit Court of Appeals recently upheld the lower court’s dismissal. For more information on the case, contact Lee at lweatherly@carlockcopeland.com or Gary at glovell@carlockcopeland.com.

Attorneys Involved
D. Gary Lovell, Jr.
Lee C. Weatherly

CCS Office
Atlanta