William Egherman, M.D. filed a suit against Planned Parenthood of Southwest Ohio and Northern Kentucky, Inc. (“PPSONK”) and Roslyn G. Kade, M. D. in the Court of Common Pleas in Hamilton County, Ohio on May 26, 1998. The Case No. is A9802950 before Judge Tracey.
Egherman claims that PPSONK fired him without cause and therefore broke a contract with him. The one year contract is attached to the Complaint as an exhibit and was signed by Egherman on 3/26/97. The contract stipulates that Egherman would be paid $65.00 per abortion (6-14 weeks LMP), $15.00 for a physical exam, $20.00 for physical exam with ultrasound, and $20.00 for physical exam with laminaria insertion.
Egherman claims $50,000 to $100,000 in damages so far in loss of income, plus commuting costs to travel and eventually live in Florida.
Egherman claims he was fired because he refused to follow PPSONK procedures which required him to:
- Reuse syringes on more than one patient.
- Not use parenteral pain medications with anti-emetics, when in Dr. Egherman’s medical opinion they were required.
Dr. Egherman claims that Dr. Kade told PPSONK employees that Dr. Egherman’s procedures were unsafe and that he was being discharged based on that information.
Planned Parenthood Responds
Planned Parenthood (PPSONK) responded on July 31, 1998 with a MOTION TO DISMISS COMPLAINT for failure to state a claim upon which relief can be granted. This motion is a standard legal maneuver to test the sufficiency of the complaint. The material factual allegations in the complaint must be assumed to be true and not argued at this point. All reasonable inferences must be taken in Egherman’s favor.
PPSONK is walking a fine line in trying to show that they fired Egherman for cause while not admitting that any unsafe procedures occurred at their facility.
Egherman files Memorandum in Opposition
On or about August 14, 1998 Egherman filed a Memorandum in Opposition to Defendant’s Motion to Dismiss.
A decision from Judge Tracey on the Motion to Dismiss is pending.