Lawyers for a surgeon who won a $25 million verdict against Charleston Area Medical Center earlier this month say hospital administrators are now waging a negative "misleading communication campaign" to turn hospital employees against the doctor.

The lawyers have asked a judge to find CAMC executives in contempt of court, according to a motion filed in Kanawha Circuit Court.

The lawyers say CAMC has "learned nothing from the jury verdict." Hospital administrators remain "defiant" and continue to blame Dr. R.E. Hamrick Jr., the surgeon who sued them, for their conduct, according to the court filing.

CAMC spokesman Dale Witte said Tuesday: "We are reviewing [the motion]. We will respond to it, and we feel it is without merit."

CAMC's Board of Trustees has called a special meeting for 8 a.m. today to discuss the $25 million verdict and its financial implications on the nonprofit community hospital. Board members plan to meet with CAMC lawyers who argued the case in court.

On Feb. 7, a Kanawha County jury awarded Hamrick $5 million in compensatory damages and $20 million in punitive damages, deciding that hospital executives smeared Hamrick's reputation and wrongfully revoked his privileges in a malpractice insurance dispute.

Hamrick sued the hospital in 2004 after hospital administrators pulled his privileges to operate on patients at CAMC. Hamrick wanted to fund himself against malpractice with $1 million of his own money instead of going through a commercial insurance plan. CAMC officials balked at the plan.

Last week, CAMC Chief Executive Officer David Ramsey and Chief Operating Officer Glenn Crotty sent an e-mail to hospital employees, saying CAMC plans to use money from its operating budget to pay a "substantial portion" of the $25 million verdict, if courts uphold the decision. The hospital plans to appeal.

In the e-mail, Ramsey and Crotty said hospital auditors "confirmed that the award will need to be charged to our 2007 financial statements."  

That action could jeopardize previously approved 3.5 percent raises for CAMC employees this year, Hamrick's lawyers said in their motion. They call the e-mail "inflammatory and misleading" and say it casts Hamrick in a bad light.

The lawyers have asked a judge to find CAMC executives in contempt of court, according to a motion filed in Kanawha Circuit Court.

The lawyers say CAMC has "learned nothing from the jury verdict." Hospital administrators remain "defiant" and continue to blame Dr. R.E. Hamrick Jr., the surgeon who sued them, for their conduct, according to the court filing.

CAMC spokesman Dale Witte said Tuesday: "We are reviewing [the motion]. We will respond to it, and we feel it is without merit."

CAMC's Board of Trustees has called a special meeting for 8 a.m. today to discuss the $25 million verdict and its financial implications on the nonprofit community hospital. Board members plan to meet with CAMC lawyers who argued the case in court.

On Feb. 7, a Kanawha County jury awarded Hamrick $5 million in compensatory damages and $20 million in punitive damages, deciding that hospital executives smeared Hamrick's reputation and wrongfully revoked his privileges in a malpractice insurance dispute.

Hamrick sued the hospital in 2004 after hospital administrators pulled his privileges to operate on patients at CAMC. Hamrick wanted to fund himself against malpractice with $1 million of his own money instead of going through a commercial insurance plan. CAMC officials balked at the plan.

Last week, CAMC Chief Executive Officer David Ramsey and Chief Operating Officer Glenn Crotty sent an e-mail to hospital employees, saying CAMC plans to use money from its operating budget to pay a "substantial portion" of the $25 million verdict, if courts uphold the decision. The hospital plans to appeal.

In the e-mail, Ramsey and Crotty said hospital auditors "confirmed that the award will need to be charged to our 2007 financial statements."  

That action could jeopardize previously approved 3.5 percent raises for CAMC employees this year, Hamrick's lawyers said in their motion. They call the e-mail "inflammatory and misleading" and say it casts Hamrick in a bad light.

"It is evident CAMC is sending a message to its employees that if they do not get a raise this year, they have Dr. Hamrick to blame," the lawyers wrote.

Scott Segal, Hamrick's lead lawyer, declined comment Tuesday, saying the motion speaks for itself.

"We look forward to arguing this before the court, but we will not comment on the matter at this time," Segal said.

Hamrick's lawyers say CAMC has commercial insurances as well as a self-insurance fund that should be able to cover at least part of the $25 million verdict. They want a judge to require CAMC to disclose details about its insurance coverage.

A hearing about Hamrick's request to hold CAMC in contempt of court is set for March 21.

In a separate filing on Monday, Hamrick's lawyers also ask a judge to let them question CAMC executives and board members as to whether the hospital's insurance carrier ever agreed to settle the dispute and what discussions took place between administrators and the insurance company. 

"The question for the board is why wasn't this case settled within the [insurance] policy limits?" said Segal. "If the hospital had the ability to resolve this matter within its policy limits, none of this would have been necessary."

The $25 million verdict was the largest in recent memory against the hospital.

Hospital officials have declined to speculate on possible spending cuts to make up for the loss.

To contact staff writer Eric Eyre, use e-mail or call 348-4869.