Katherine Liu v. Cook County, Illinois

817 F.3d 307, 2016 U.S. App. LEXIS 4746, 128 Fair Empl. Prac. Cas. (BNA) 1692, 2016 WL 1019324
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 15, 2016
Docket14-1775
StatusPublished
Cited by55 cases

This text of 817 F.3d 307 (Katherine Liu v. Cook County, Illinois) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Katherine Liu v. Cook County, Illinois, 817 F.3d 307, 2016 U.S. App. LEXIS 4746, 128 Fair Empl. Prac. Cas. (BNA) 1692, 2016 WL 1019324 (7th Cir. 2016).

Opinion

HAMILTON, Circuit Judge.

Dr. Katherine Liu worked as a general surgeon at Cook County’s Stroger Hospital for more than two decades before she lost her surgical privileges and was denied reappointment in 2008. Cook County and the three individual defendants, Dr. Richard Keen, Dr. James Madura, and the estate of Dr. Phillip Donahue, contend that those actions were based on Dr. Liu’s repeated refusal to operate on patients with appendicitis. Dr. Liu claims that their reasoning masked unlawful discrimination and retaliation. She brought a number of claims against defendants, including alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2(a) & 2000e-3(a), and 42 U.S.C. § 1981.

The district court granted defendants’ motion for summary judgment, finding that no reasonable trier of fact could conclude their reasons were pretextual. We agree. Dr. Liu has presented only the sparsest evidence of animus based on her race, sex, and national origin, none of it linked to the decisions at issue. She has also failed to present evidence creating a genuine dispute of fact as to whether the defendants’ stated reasons for disciplining *309 her were honest. We therefore affirm the decision of the district court.

I.Background

A. Facts for Summary Judgment

In assessing whether the defendants were entitled to summary judgment, we examine the record in the light most favorable to Dr. Liu as the- non-moving party, resolve all evidentiary conflicts in her favor, and grant her all reasonable- inferences that the record permits. Coleman v. Donahoe, 667 F.3d 836, 842 (7th Cir.2012).

1. The Parties

Dr. Katherine Liu is an Asian woman of Chinese descent. She began working at Stroger Hospital in 1984. With the exception of 1985Í when she received a “good” performance appraisal from the Department of Surgery, she consistently received ratings of “excellent” and “superior” up until annual appraisals were discontinued in 1999.

As for the individual defendants, Dr. Keen was Chairman of the Department of Surgery. Dr. Madura was Chair of the Surgical Oversight Committee, or SOC. Dr. Donahue was Chief of the Division of General Surgery. All three had managerial responsibilities related to patient care at Stroger.

In 2001, a patient at Stroger died from a ruptured appendix. That tragedy prompted Dr. Keen to write to the Hospital Surgical Oversight Committee advising that as a corrective action the Department of Surgery would admit patients with abdominal pain to surgical service so the hospital could recognize problems requiring surgery and operate on them early. This pro-surgery approach set the stage for the eventual conflict between the defendants and Dr. Liu.

2.Early Disputes

Dr. Liu says that the discrimination began in 2003, when Drs. Keen and Donahue began sending a disproportionate number of her cases to review committees as compared to her white male colleagues. Her declaration does not provide enough detail about her colleagues to support the claim of disproportionality, but she says that throughout 2003 and 2004, she met with Dr. Bradley Langer, the interim Medical Director at the time, to discuss the disparities she perceived. She has offered no direct evidence that Drs, Keen and Madu-ra harbored animus toward her, based on race, sex, or national origin. As for Dr. Donahue, Dr. Liu points to a handful of inappropriate’ remarks he made, including: (1) in 2000, he called her a “good girl” until she asked him to stop; (2) when she requested a raise, he asked why she needed one because her husband worked; and (3) he asked Dr, Susan Gilkey outside of Dr. Liu’s presence why all female doctors “have to be bitches.”

3.The Appendicitis Cases

In December 2004, the SOC discussed a case in which Dr. Liu treated a nineteen-year-old patient with appendicitis non-op-eratively and the patient suffered a heart attack. The minutes indicated that “Timing of operating was delayed” and that Dr. Donahue would “counsel Dr. Liu regarding treatment of appendicitis.” The minutes also stated, however, that “Dr. Liu’s care was deemed adequate.” '

This was the first in a series of clashes between Dr. Liu and the Stroger Hospital administration regarding her professional judgment as it pertained to the non-operative treatment of appendicitis. 1 On April *310 7, 2005, the SOC met and discussed I.G., a patient who presented with appendicitis and whom Dr. Liu treated non-operatively. The minutes stated in part:

Dr. Donahue has counseled Dr. Liu (who is the Attending surgeon) about her method of treating appendicitis by antibiotics only without initial surgical intervention as being non-conventional. If Dr. Liu is going to treat acute appendicitis w/ antibiotics, then it has been requested that it be done in a prospective manner under research protocol with IRB approval.

There was no further discussion necessary, because the care was deemed appropriate in this’case.

In December 2006, the SOC discussed another of Dr. Liu’s appendicitis cases. The minutes contained little detail about the case itself, but the consensus was “that the management process was not adequate; deficient care.” Dr. Liu was supposed to be invited to the next meeting to offer her own views on the ’case, but she says that never occurred.

In May 2007, Dr. Madura wrote to Dr. Donahue after attending a Mortality and Morbidity Conference. The conference featured a case involving a 25-year-old male patient, J.E., who presented with twelve hours of right lower quadrant pain, elevated white blood cell count, and a CT scan clearly showing acute appendicitis with a fecalith (a hardened mass of feces). Dr, Liu treated him with antibiotics and did not perform surgery. Seven to ten days later, the patient, returned with an abscess and spent several days in the hospital. According to Dr. Madura, the audience unanimously agreed that J.E. should have received an operation when first admitted. He wrote that he was concerned that Dr. Liu was deviating from-the standard of care for research purposes and that he was referring the J.E. case to the SOC.

Before the SOC reviewed the case, Dr. Keen received a letter from resident physician Dr. ■ Niki Christopoulos expressing similar concerns about the management of J.E.’s case. Dr. Christopoulos wrote that J.E. had “begged” for an operation during his first admission, but that Dr. Liu had decided to manage his case non-operatively. Dr. Christopoulos believed Dr. Liu had “grossly mismanaged” the case.

The SOC reviewed the J.E. case twice, on June 7 .and July 19, 2007. It recorded the following list of issues in its minutes for both meetings:

1. No protocol for antibiotic management
2. Patient is not advised of surgical vs. antibiotic management. '
3.

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817 F.3d 307, 2016 U.S. App. LEXIS 4746, 128 Fair Empl. Prac. Cas. (BNA) 1692, 2016 WL 1019324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/katherine-liu-v-cook-county-illinois-ca7-2016.