Ex-General Counsel Claims Employer Fired Her for Blowing Whistle on Violations
In a Broward Circuit Court lawsuit, attorney Kimarie Stratos claims she was fired as general counsel to Memorial Healthcare System in 2018 because she'd called out legal violations.
April 03, 2019 at 02:57 PM
4 minute read
Stephen Zack and Debra Goodstone of Boies Schiller Flexner represent former general counsel to South Broward Hospital District Kimarie Stratos, who has sued over her 2018 firing — a move she claims was made after she tried to stop the district from violating Florida's Sunshine Law, wasting public money and releasing patients' confidential medical information.
The district, commonly known as Memorial Healthcare System, includes Memorial Regional Hospital in Hollywood, Memorial Hospital Pembroke and Memorial Hospital Miramar, and has more than 266 doctors.
Stratos was hired as vice president and general counsel in 2010 and fired in 2018, according to the lawsuit, which alleges the district violated Florida's Whistle-blower's Act, and accuses board members Douglas Harrison and Laura Miller of tortious interference.
The way Stratos tells it, she consistently faced ”resistance and outright refusal” when advising her department on how to comply with state and federal law, including Florida's Sunshine Law — a group of legislation aimed at promoting government transparency by mandating open meetings and public access to records in certain instances.
Stratos' complaint accuses Harrison of physical intimidation as he allegedly told her that “she worked for him and that he would do as he pleased.” According to the complaint, that came after Stratos had pulled Harrison aside for a conversation about Sunshine Law violations at an open board meeting.
The lawsuit, filed in Broward Circuit Court, alleges Miller also disregarded legal advice aimed at adhering to Sunshine Law and other other rules. It claims Miller also tried to use public funds to pay $70,000 in personal legal fees and threatened Stratos with retaliation if she didn't approve the payment.
Defendants Harrison and Miller did not respond to requests for comment. Fort Lauderdale attorney Michael R. Piper,who represents them and the district, said the allegations are “absolutely false.”
“No. 1, there were no violations of Sunshine Law, and No. 2, Kim Stratos never reported any,” Piper said. “It is interesting to note, I think, that Kim Stratos was terminated following two public meetings in September of 2018, but we're only now hearing about this.”
In Piper's view, the lawsuit was aimed at harnessing media attention in the plaintiff's favor.
“This is a media-driven event, not a legally substantive event,” Piper said. “From initial evaluation of the complaint, not only do [Stratos'] allegations themselves come up short, but proof is going to come up way short.”
Piper said it's business as usual at the district.
“They take it very seriously, but they're not going to be disrupted in any way by this,” Piper said. “In fact, that's why they've hired my firm.”
According to the complaint, those public meetings were retaliatory evaluations of Stratos, “designed to punish, retaliate, demean and terminate” her despite positive performance reviews.
Stratos' attorneys, Zack and Goodstone, declined an interview but said via email, “Kimarie spent years attempting to address the violations within the system and then months attempting to address these issues, post-termination, without filing suit, but it became clear that the district was unwilling to right its wrongs voluntarily, so Kimarie was compelled to file.”
They also pointed to a statement from their client that said, ”While I know being a plaintiff in this type of lawsuit will be difficult, it is my hope that this lawsuit will prevent certain commissioners from continuing to abuse their power. I also hope that this lawsuit will empower others to do the right thing and speak out against wrongdoing.”
The lawsuit seeks damages and interest, while the defense plans to move for dismissal.
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