The hospital had sued Easton lawyer Ed Shaughnessy, arguing he deliberately brought a frivolous lawsuit against St. Luke's, but a jury ruled otherwise.
View full sizeCharles Cullen is a former nurse who has admitted killing 29 patients and previously alluded to killing up to 40 during his 16-year nursing career.The hospital had filed suit against Ed Shaughnessy, who had sued St. Luke's alleging Cullen killed 72-year-old Franklin Pope in 2002.
That original suit was dropped in 2007, and St. Luke's filed its lawsuit in January 2008, arguing Shaughnessy filed the legal challenge despite knowing the case had no merit.
After about two-and-a-half hours of deliberation Thursday, a Lehigh County jury came to a unanimous ruling in Shaughnessy's favor, according to his attorney, Paul Troy. The trial began April 2.
"Ed Shaughnessy is an excellent lawyer, and an even better person," Troy said. "The jury's unanimous verdict is a victory not just for Ed but also for Hilda Pope and her family."Arthur Hankin, the attorney representing St. Luke's University Hospital, said the hospital is considering appealing the decision, but declined to comment on the specifics of a possible appeal.
"We certainly accept the judgment of the jury, but we think there are some appellate issues we're examining," Hankin said.St. Luke's previously filed litigation in response to Cullen-related lawsuits against the hospital that officials believe are frivolous, and has long maintained it would take such action against suits St. Luke's believes are unfounded.
"The hospital intends, going forward, to continue to evaluate each case where they are sued (and) evaluate in good faith if we think the action brought was frivolous, they could bring a cause of action against the lawyer, and possibly the party," Hankin said.The hospital sought legal costs as well as punitive damages.
Shaughnessy said he was satisfied with the jury's decision.
"I'm just pleased that we had an intelligent and attentive jury that understood what happened here at St. Luke's," he said. "And I feel that it's a victory for Hilda Pope and her family as well."
After the verdict, Hankin said he spoke with some jurors, who believed Shaughnessy was negligent, but not "grossly negligent," which is the legal standard the hospital was required to meet.
"For example, if a driver is inattentive and runs a red light, you're negligent," Hankin said. "But if you're texting these days and run a red light, that could be grossly negligent."
Cullen is serving consecutive life sentences in New Jersey after admitting he killed at least 29 people at hospitals there and in Pennsylvania, including St. Luke's University Hospital.
Cullen, who killed the patients with lethal drug overdoses over a 16-year nursing career, has claimed many of the victims were old and very sick, and that he killed them out of mercy.
View full sizeEd Shaughnessy Hilda Pope, Pope's widow, withdrew her lawsuit in September 2007. Troy said it was withdrawn not because they believed the case had no merit, but because Pope did not feel Cullen would ever admit to his role in her husband's death.
The hospital has filed similar lawsuits against attorneys in response to what St. Luke's alleges are frivolous lawsuits against the hospital.
In March 2009, St. Luke's filed a suit accusing lawyers and a high-profile medical expert witness of wrongfully filing lawsuits, fraud and even racketeering in connection with 2004 suits filed against the hospital on behalf of the families of Cullen victims.
But in such cases, the burden falls on the hospital to prove not only that the original lawsuit lacks merit, but that the litigant knew it and deliberately proceeded with the case anyway to achieve some vengeful or ulterior motive.
Legal experts previously told The Express-Times it is extremely difficult to prevail in such lawsuits because the burden of proof is set deliberately high to discourage people from suing based simply on the claim that they never should have been sued.
Contact Allentown reporter Colin McEvoy at 484-894-2549 or cmcevoy@express-times.com. Follow @AllentownLVL
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