University Agrees to Carhart Settlement

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.