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Doctors agree to end defamation lawsuit


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A defamation lawsuit by a prominent neurosurgeon claiming two physicians allegedly defamed him is over, according to a letter filed in 7th District Court on Wednesday.

Dr. Tom Kopitnik sued Drs. Mary MacGuire and Anne MacGuire on April 11, 2005, for comments that may have affected his ability to get another job.

After three years and thousands of pages filed in big folders in the Clerk of District Court's office, both parties reached an agreement to end the case.

The agreement means a four-week trial scheduled to begin on April 14 won't happen.

In a letter dated Monday, Kopitnik's attorney Pat Crank wrote to MacGuire's attorney Hank Combs with the settlement documents including the dismissal, court order and confidential agreement.

The letter also tells District Judge David Park the case has been resolved.

Combs, a lawyer with the Casper-based Murane & Bostwick LLC, said Thursday the case wasn't settled.

"The plaintiffs dismissed it," he said.

Crank didn't completely agree with that view, but said he couldn't comment on the case until the paperwork was signed, he said Thursday.

This lawsuit arose after the MacGuires, who are sisters, made comments about Kopitnik scheduling two surgeries at staggered times in adjacent operating rooms in March 2004.

In 2005, Kopitnik had tried to find work with the United Medical Center in Cheyenne, and he believed comments Mary MacGuire made thwarted his ability to get a job, according to court documents.

Over time, the court dismissed most of Kopitnik's claims until only one was left, according to court documents.

While this lawsuit is over, two others remain involving Kopitnik and fellow Central Wyoming Neurosurgery surgeons Drs. Robert Narotzky and Debra Steele.

On Jan. 28, Central Wyoming Neurosurgery filed suit in federal court against the Wyoming Medical Center, the board of trustees who oversee the WMC's lease of Natrona County's hospital assets, and certain employees and former employees for violating their constitutional rights of due process.

The WMC recently asked U.S. District Judge Clarence Brimmer to suspend this lawsuit while the two state lawsuits were pending.

The only state lawsuit remaining is the one filed on Oct. 26, 2006, alleging the hospital and key employees filed a false police report saying Kopitnik stole medical supplies from the WMC shortly after the neurosurgeons resigned their privileges.

The last court filing in this lawsuit was in December.

Reach Tom Morton at (307) 266-0592, or at Tom.Morton@trib.com.


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Comments to this story.

Jennifer wrote on Mar 14, 2008 6:40 AM:

" Waaa, we didn't get our way, I know, we'll sue everybody! " Why don't these neurosurgeon children grow up! Jeez... "

Enough? wrote on Mar 14, 2008 7:14 AM:

" It seems to be a trend with this guy to sue anyone who tells him what he doesnt want to hear. Perhaps the problem is with him and not with "everyone" else. WMC may have it right. Who would want to work with this guy? You better have good insurance with high claim limits! "

Casper Neuro -Tribune wrote on Mar 14, 2008 11:07 AM:

" I agree with all the above. Amen.

At least the CST's bias finally comes out in this article.

"Prominent" neurosurgeon? Says who... Tom Morton? Where's your support for that?

Who's Who of Doctors that any physician with $100.00 can put their name in the listing? Come on.

This paper has done a tremendous diservice to the Casper community and the medical community by not doing an honest job reporting on this whole dispute.

Clark, Nathan and Tom are like giddy school girls with this "prominent" neurosurgeon.

Prom is coming up, boys. Maybe he'll take one of you. "

Steve wrote on Mar 14, 2008 12:49 PM:

" Kopitnik has done 2 of my surgeries in the last couple years. I've heard nothing but good things about Kopitnik. Maybe his skill level allows for performing 2 surgeries at once. Lawsuits like this will silence the next green-eyed monster at the hospital. "

Casper Neuro Tribune - Clarify wrote on Mar 14, 2008 3:11 PM:

" I wanted to clarify that my comments about the desciptive term "prominent" are directed to the CST using subjective descriptions in their coverage of the story.

It was in no way a reflection on any of the doctors involved. While I don't personally know any of them, I understand he is a good and capable surgeon with strong support from his patients.

He may be prominent, I don't know. But regardless, it is a subjective word that can indicate a writer's bias.

The point of the posting was to reflect my opinion of the CST's reporting, not the issues or individuals in the story.

Thanks for the opportunity to clarify.



"

blakus wrote on Mar 14, 2008 4:38 PM:

" Whoa there Casper Neuro Tribune! Sounds like you have some vested personal interest in this case. Nitpicking a single adjective, which I find is fitting for the person being described, is rediculous. 'Prominent' can be used to describe someone as being 'well-known.' If there are issues that have not been reported why don't you enlighten us? I would love to hear what you have to say. Additionally, you call into question all of CST's reporting based on the use of a single adjective... that seems to be extreme. Back it up with other instances where the reporting can be called into question and I might buy what you have to say. "

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