A judge has dismissed the open meetings lawsuit filed by former MetroHealth CEO Akram Boutros, MD, ending the only pending case he has filed against the organization's board, cleveland.com reported Oct. 7.
The lawsuit was filed in November 2022 against Cleveland-based MetroHealth's board of trustees and board Chair Vanessa Whiting. It claimed the board violated its bylaws and Ohio's Open Meetings Act and asked that the court nullify Dr. Boutros' termination for cause.
"We welcome Judge [Jennifer] O'Donnell's decision," MetroHealth spokesperson Joseph Frolik said in a statement shared with Becker's. "Our filings in the case and her decision speak for themselves."
Ms. O'Donnell, a Cuyahoga County common pleas judge, issued her ruling without explanation, cleveland.com reported.
"We are disappointed in the Court's decision and plan to appeal the ruling," Dr. Boutros' attorney, Jason Bristol, said in a statement shared with Becker's.
Dr. Boutros was fired Nov. 21, 2022, after the board claimed he authorized more than $1.9 million in supplemental bonuses for himself without disclosing it between 2018 and 2022.
Dr. Boutros became CEO of the system in 2013 and announced plans to retire at the end of 2022. He was terminated after the system discovered the compensation issues while preparing for the leadership transition, Ms. Whiting said.
The lawsuit alleged the board violated the Open Meetings Act in its hiring of Dr. Boutros' successor, which should have nullified his termination, Dr. Boutros claimed.
The lawsuit also claimed the board violated the open meetings law "by secretly hiring counsel to investigate Dr. Boutros and to produce a 'report,' by allowing that investigation and its culminating 'report' to proceed without proper authorization, and by contemplating and implementing his termination without the mandatory public notice and deliberation."
Airica Steed, EdD, RN, was named the system's president and CEO in September 2022. The board voted to terminate her contract Aug. 9, citing performance issues. Dr. Steed said she was unlawfully terminated while on medical leave. She is exploring possible legal action, among other options, her legal team said.
Dr. Boutros filed a separate lawsuit against the board for breach of contract, defamation and wrongful termination; he dismissed it in December because of serious health concerns. Mr. Bristol told cleveland.com his office plans to file that case again in the coming weeks.