Plaintiffs in this case were three young women who were employees of defendant hospital. As part of their yearly physicals, they had to be examined by a male doctor who was on staff at the hospital. Plaintiffs alleged that the doctor sexually harassed them by inappropriately touching them during the physical examinations. They retained the law offices of Winer, McKenna & Burritt, LLP.
During the litigation of the case, the lawyers were able to discover evidence which indicated that there had been 14 women who had been improperly touched before plaintiffs by the same doctor, many of whom had complained to their supervisors and human resources; yet, the hospital failed to take appropriate action against the doctor because of profit motive, and thus put the plaintiffs at risk.
The hospital alleged that all of the women “imagined” that the exams were inappropriate and, thus, there was never sufficient evidence to take any action against the doctor. In addition, the hospital alleged that the claimed sexual harassment was not severe or pervasive as required by the law and that plaintiffs did not suffer any significant injuries.
The lawyers were able to establish evidence which they believed put the hospital and the hospital conglomerate at risk for punitive damages even though the injuries to the plaintiffs were reasonably minor.
RESULT: $2,000,000 settlement on behalf of plaintiffs