Trial Magazine

Neurosurgeon Mark Linskey, 52, was a tenured professor at the University of California Irvine School of Medicine and chair of the Department of Neurological Surgery. In 2012, then-Dean Ralph Clayman recruited physician Johnny Delashaw to become the new chair. Delashaw instituted a set of changes that specifically targeted Linskey, including rules that limited which surgeries were considered neurosurgical procedures. Delashaw also took Linskey off the general neurosurgery and vascular surgery call lists, which reduced his source of referrals and consequently, his income, by 55%.

Linskey filed a grievance with the privilege and tenure committee, complaining of economic waste, abuse of power, and patient safety, among other things. Shortly after, Clayman ­reassigned Linskey to the general surgery ­department and removed him from all resident teaching contact.

Linskey sued The Regents of the University of California and Clayman, alleging whistleblower retaliation under Cal. Gov’t Code §8547.10. The plaintiff claimed lost earnings of more than $1.43 million.

The jury awarded approximately $2.03 million.

Citation: Linskey v. Regents of the Univ. of Cal., No. 30-2016-00860934-CU-OE-CJC (Cal. Super. Ct. Orange Cnty. Apr. 22, 2019).

Plaintiff counsel: AAJ members Mark T. Quigley and Ivan Puchalt, both of Santa Monica, Calif.