Mazurkiewicz v. Northwestern Memorial Hospital

2025 IL App (1st) 232263-U
CourtAppellate Court of Illinois
DecidedJune 25, 2025
Docket1-23-2263
StatusUnpublished

This text of 2025 IL App (1st) 232263-U (Mazurkiewicz v. Northwestern Memorial Hospital) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mazurkiewicz v. Northwestern Memorial Hospital, 2025 IL App (1st) 232263-U (Ill. Ct. App. 2025).

Opinion

2025 IL App (1st) 232263-U

THIRD DIVISION June 25, 2025 No. 1-23-2263

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________

IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT ______________________________________________________________________________

LAURI MAZURKIEWICZ, ) Appeal from the ) Circuit Court of Plaintiff-Appellant, ) Cook County ) v. ) No. 20 L 3511 ) NORTHWESTERN MEMORIAL HOSPITAL, ) Honorable ) John J. Curry, Jr., Defendant-Appellee. ) Judge Presiding. ) ____________________________________________________________________________

JUSTICE REYES delivered the judgment of the court. Presiding Justice Lampkin and Justice Martin concurred in the judgment.

ORDER

¶1 Held: Affirming the grant of summary judgment in favor of a hospital on a travel nurse’s retaliatory discharge claim; affirming the denial of sanctions against the hospital; and finding a lack of appellate court jurisdiction to consider the dismissal of the nurse’s claims for tortious interference with contract and tortious interference with prospective economic advantage.

¶2 At the onset of the COVID-19 pandemic, plaintiff Lauri Mazurkiewicz was working as a

travel nurse on a short-term assignment at defendant Northwestern Memorial Hospital

(Northwestern) in Chicago. On March 18, 2020, plaintiff sent an email to more than 100 nursing

staff members and supervisors at Northwestern, expressing her disagreement with the guidelines 1-23-2263

provided by the Centers for Disease Control and Prevention (CDC) regarding the use of certain

personal protective equipment (PPE) by healthcare workers. Plaintiff stated that she intended to

wear N95 respirators which she had personally obtained, and she urged the recipients of her

email to “[d]emand proper PPE’s!!!!!”

¶3 After Northwestern ended her temporary assignment on the following day, plaintiff filed

a complaint against Northwestern in the circuit court of Cook County. The circuit court

ultimately dismissed plaintiff’s claims for tortious interference with contract and tortious

interference with prospective economic advantage and granted summary judgment in favor of

Northwestern on her retaliatory discharge claim. As discussed below, we affirm the grant of

summary judgment in favor of Northwestern on plaintiff’s claim for retaliatory discharge, and

we find that we lack jurisdiction to consider the dismissal of the tortious interference claims.

¶4 BACKGROUND

¶5 Plaintiff’s Assignment at Northwestern

¶6 Plaintiff was a travel nurse employed by TotalMed Healthcare Staffing (TotalMed), a

staffing agency. A travel nurse typically works short-term contracts to fill staffing gaps at

healthcare facilities at various locations.

¶7 Northwestern works with an agency called Vizient, which sources nurses from various

staffing agencies to be assigned to Northwestern on a temporary basis. Through Vizient,

plaintiff commenced a three-month temporary assignment at Northwestern in August 2019,

which was extended twice.

¶8 On January 21, 2020, plaintiff (as “Traveler”) signed a Travel Assignment Agreement

with TotalMed. The agreement included compensation details and indicated that plaintiff would

be placed at Northwestern from February 23, 2020, to May 20, 2020. The agreement further

2 1-23-2263

stated it was “not a guarantee of employment” and that plaintiff understood that her employment

with TotalMed was “at will.”

¶9 The COVID-19 Pandemic

¶ 10 The COVID-19 pandemic began in Illinois in early 2020. On March 9, 2020, Illinois

Governor J.B. Pritzker issued a disaster proclamation which recognized COVID-19 as a “novel

severe acute respiratory illness that can spread among people through respiratory transmissions.”

In subsequent executive orders, the Governor implemented measures intended to limit COVID-

19 transmission by restricting social contact.

¶ 11 The Emails and Text Messages

¶ 12 On March 18, 2020, at 4 p.m., plaintiff sent an email to one of her managers, Bridget

Wicherek (Wicherek), stating, in pertinent part: “Just wanted to let you know if I will be caring

for a rule out Coronavirus patient, I will be wearing my own fitted N95 mask under a simple

mask for safety and for my own protection. I will start doing this tomorrow. Better to be safe

than sorry.” The term “rule out” apparently means that the medical facility is attempting to

eliminate a particular diagnosis from the list of possible or probable conditions which a patient

may have.

¶ 13 Wicherek responded at 6:02 p.m.: “Hi Lauri, Let’s talk about this tomorrow. – Bridget.”

¶ 14 Plaintiff then sent the following email message to more than 100 nursing staff members

and supervisors at Northwestern at 7:19 p.m.:

“So........WHO says it’s airborne CDC says.....treat like droplet until there are enough particulate respirators. Seriously??????????????

I’m wearing an N95 period if I am caring for a rule out COVID-19. I have my own box of N95 masks. I will wear the N95 mask under a simple mask and change out the simple mask like the facility wants me to do.

3 1-23-2263

I want to be extra cautious and extra safe while taking care of a possible Coronavirus Patient. Hopefully management understands this.

Take care of yourselves! Be safe and stay healthy! Demand proper PPE’s!!!!!

Sincerely,

Lauri Mazurkiewicz Travel RN”

“WHO” is an acronym for the World Health Organization. Our understanding of plaintiff’s

email message is that she was representing that the WHO indicated that COVID-19 was

transmitted through airborne particles, whereas the CDC advised medical professionals to treat

COVID-19 as though it is transmitted through droplets until there were sufficient N95

respirators. As plaintiff apparently disagreed with the CDC’s guidance as to PPE, she stated her

intent to wear her own N95 respirator—which reduces the wearer’s exposure to smaller airborne

particles—underneath a surgical (or “simple”) mask, which protects against larger droplets.

¶ 15 After reading the email, Wicherek texted her co-manager, Sharon Ward (Ward) at

approximately 8 p.m.: “OMG. Lauri sent an e-mail to EVERYONE.” Ward responded that

plaintiff “had no right to do that,” and she forwarded the email to her (and Wicherek’s) director,

Patricia O’Sullivan (O’Sullivan). Ward referred to plaintiff as a “psycho” in her text exchange

with Wicherek.

¶ 16 Following communications among O’Sullivan, another director (Barbara Gobel),

Wicherek, and Ward, the decision was made to terminate plaintiff’s temporary placement with

Northwestern. On March 19, 2020, plaintiff called in sick and did not attend work. On the same

date, Northwestern informed Vizient to communicate to plaintiff’s employer, TotalMed, that

Northwestern was ending plaintiff’s assignment.

4 1-23-2263

¶ 17 The Initial Litigation

¶ 18 On March 23, 2020, plaintiff filed a complaint in the circuit court of Cook County against

Northwestern, Wicherek, Jay Anderson, 1 and “unknown employees.” She asserted claims for

retaliatory discharge, violation of the Whistleblower Act (740 ILCS 174/20.1 (West 2020)), and

respondeat superior. The defendants filed a motion to dismiss the complaint pursuant to

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2025 IL App (1st) 232263-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mazurkiewicz-v-northwestern-memorial-hospital-illappct-2025.