Citing a federal judges prediction that it would almost certainly lose
the case if it went to trial, the University of Nebraska has agreed to
reach a settlement in a lawsuit filed by Bellevue physician Leroy H. Carhart.
The suit was filed in U.S. District Court in January. The settlement would
reinstate Dr. Carhart as a volunteer faculty member at the University of
Nebraska Medical Center.
Following an April evidentiary hearing, United States District Judge
Warren Urbom issued an order making it clear the University would most
likely lose if the case were brought to trial. Judge Urbom said Dr.
Carhart was likely to succeed on the merits of his First Amendment/retaliation
claim.
In commenting on the Universitys justification for revoking Dr. Carharts
volunteer faculty status, Judge Urbom said, The volunteer faculty review
process provided a pretext for the plaintiff’s termination. He added that
the rationale for requiring volunteer faculty appointments in the faculty
members department of specialty or sub-specialty does not seem to apply
to the plaintiff [Dr. Carhart].
There is a strong probability that evidence presented during a trial
would be essentially the same as that presented during the hearing, according
to attorneys representing the university in the case.
As is the case with all volunteer faculty members at UNMC, Dr. Carhart
will receive no pay or other benefits. He will have no teaching,
patient care, or research duties assigned. He will have no hospital
privileges. In his previous appointment as a volunteer faculty member,
Dr. Carharts only role was to provide research materials. Dr. Carhart
stopped providing UNMC fetal cells in mid-September 2000. That relationship
will not be renewed, said university spokesperson Joe Rowson. The university
will accept no fetal tissue or other research materials from Dr. Carhart.
A final judgment specifying the terms of the settlement was issued by
Judge Urbom today.