Chopourian v. Catholic Healthcare West, No. 2:09-CV-02972 (E.D. Cal. Feb. 29, 2012), was a court case in the United States District Court for the Eastern District of California which, at the time, was believed to be the largest single-plaintiff employment verdict in United States history at $167,720,488.[1][2][3] The record has since been surpassed by the verdict in Juarez v. AutoZone Stores, Inc., Case No. 08-CV-00417-WVG (S.D. Cal. Nov. 17, 2014) at $185,872,719.52.[4][5][6][7][8]
On August 1, 2009, almost a year after her termination from Catholic Healthcare West, Ms. Chopourian secured a position as a Physician Assistant with Radiological Associates of Sacramento Medical Group, Inc. ("RAS"). A condition of employment was that she would obtain privileging at Mercy General Hospital. Ms. Chopourian was originally informed by Mercy that there would be no problem obtaining privileging. She was then informed that she would need national certification to obtain privileging. Ms. Chopourian studied for and took the exam, then renewed her application. In the interim, Ms. Chopourian's first deposition for her pending lawsuit against Catholic Healthcare West was taken on March 15, 2010. During the deposition, Defendant's counsel questioned Ms. Chopourian about documents she recently produced in response to discovery requests and concluded on the record that Ms. Chopourian had violated medical privacy laws. Ms. Chopourian was never investigated for such a violation, assessed civil penalties, or charged with criminal violation. In May 2010, Ms. Chopourian was informed that her credentialing privileges were being held up because of allegations that she violated patient privacy laws. Ms. Chopourian was denied privileges on June 8, 2010, and subsequently lost her job at RAS on June 21, 2010.[9][10][11]
Verdict
The verdict in favor of Plaintiff included $3,720,488 in economic damages, $39,000,000 in non-economic damages, and $125,000,000 in punitive damages.[9][10] The trial lasted 11 days and the jury deliberated for 3 days before unanimously finding in favor of Plaintiff on her claims of hostile work environment, retaliation for workplace complaints, defamation, and intentional interference with economic advantage.[9]However, the judgment was later vacated by the court. On December 5, 2012, U.S. District Judge Kimberly J. Mueller granted the defendants' motion to dismiss and vacate the judgment. The court concluded that the jury's verdict was based on improper considerations, including the belief that the employer had violated healthcare law by retaliating against Chopourian for whistleblowing on patient safety issues.[12]
Trial Counsel
Counsel for Plaintiff:
Lead Counsel Lawrance Bohm, Bohm Law Group, Sacramento, CA
Erika M. Gaspar, Law Office of Erika M. Gaspar, Sacramento, CA
Gregory R. Davenport, Law Offices of Gregory R. Davenport, Stockton, CA
Counsel for Defense:
Lead Counsel Judith "Julie" C. Martin, La Follette, Johnson, De Haas, Fesler & Ames, Sacramento, CA
Mary E. Greene, La Follette, Johnson, De Haas, Fesler & Ames, Sacramento, CA
David Ditora, La Follette, Johnson, De Haas, Fesler & Ames, Sacramento, CA.[9]
↑ "Archived copy"(PDF). Archived from the original on December 22, 2015. Retrieved December 22, 2015.{{cite web}}: CS1 maint: archived copy as title (link)
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