Laurie A. Vollen, M.D. v. Arizona State University
Published: Aug. 22, 1998 | Result Date: Jun. 30, 1998 | Filing Date: Jan. 1, 1900 |Case number: CV9403404 Verdict – $999,053
Judge
Court
Maricopa Superior
Attorneys
Plaintiff
Daniel M. Siegel
(Siegel, Yee, Brunner & Mehta)
Defendant
Experts
Plaintiff
Thomas MacKinnon
(technical)
Melody Hicks
(medical)
David Kraft
(Law Office of David Kraft)
(technical)
Defendant
Jack Potts
(medical)
Facts
Plaintiff Dr. Laurie A. Vollen, a 40-year-old physician, was hired as the director of student health for Arizona State University (ASU) in August 1991. One of her responsibilities was the supervision of the varsity athletics team physician, Steven Zonner, who was responsible for providing medical services to varsity student athletes and making referrals to non-university specialists when appropriate. By June 1992, the plaintiff began experiencing differences with ASU's athletic director, Charles Harris, regarding the authority for medical decisions concerning student athletes. The plaintiff insisted that decisions such as when athletes would be held out of competition or what treatment should be provided for athletic injuries ought to be made by Zonner, under her supervision, rather than by team coaches, trainers, or outside physicians consulted by athletic department personnel. Harris insisted that he and his staff had ultimate authority to make such decisions. Harris also insisted that he and his staff could audit the medical records of student athletes to determine whether their treatment by Zonner had been appropriate and within the guidelines of the National Collegiate Athletic Association. The plaintiff insisted that the athlete's medical records were confidential and that Harris should submit his concerns to her. In August 1992, Harris promulgated a new medical policy that transferred final authority over medical decisions related to student athletes to him and his staff. The plaintiff protested Harris' actions to her superior, Vice President for Student Affairs Christine Wilkinson, ASU General Counsel Paul Ward, and President Lattie Coor, among others. In March 1993, following several months of discussions, Wilkinson advised the plaintiff that her contract would not be renewed as of June 30 and transferred her to other duties until that date. The plaintiff brought this action against the defendant alleging wrongful termination in violation of the public policy against retaliation for whistleblowing, breach of the covenant of good faith and fair dealing and fraud.
Settlement Discussions
The plaintiff made a settlement demand for $_________. The defendant made an offer of compromise for $__________.
Specials in Evidence
$440 $399,053
Other Information
The judgment was entered approximately four years after the case was filed.
Deliberation
two days
Poll
7-3
Length
24 days
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