The defendant hospital brought a motion to strike the plaintiffs' action under Rule 21.01 of the Rules of Civil Procedure.
The plaintiffs sought damages for breach of contract, constructive dismissal, negligence, misfeasance in public office, defamation, and human rights violations arising from the suspension and revocation of the physician's hospital privileges following non-compliance with a mandatory COVID-19 vaccination policy.
The court found that most claims fell within the exclusive jurisdiction of the Health Professions Appeal and Review Board under the Public Hospitals Act and were struck.
The court allowed only the claim for lost wages from October 1, 2021 to the date privileges were suspended, and granted leave to amend regarding defamation and misfeasance in public office claims.
