Judge dismisses 2 claims in fired MetroHealth CEO's lawsuit against system

A judge has dismissed two claims filed by fired MetroHealth CEO Akram Boutros, MD, against the Cleveland-based health system, NBC affiliate WKYC reported May 23. 

Cuyahoga County Common Pleas Court Judge Shannon Gallagher dismissed claims that accused MetroHealth of retaliation and of intimidation by false or fraudulent writing, according to the report. MetroHealth argued in March that the claims omitted the statutory language that requires that the claims be related to civil and/or criminal proceedings.

The judge wrote that she found that beyond a doubt, Dr. Boutros "could prove no set of facts in support of his claim that would entitle him to relief" for those counts. She wrote they also failed because his "complaint fails to assert that defendants made any unlawful threats of harm to a person or property."

The two counts were from a total of 10 claims included in a December lawsuit, according to the report. 

He was fired in November after law firm Tucker Ellis conducted an investigation into allegations that he authorized more than $1.9 million in supplemental bonuses for himself without notifying the board. Tucker Ellis retained national accounting firm BDO to perform the released audit, which reviewed policies, practices and issues related to bonuses paid to Dr. Boutros. 

The audit commissioned by MetroHealth found, among other things, that Dr. Boutros concealed bonuses from the board. Jason Bristol, an attorney for Dr. Boutros, has disputed findings in the audit, saying the MetroHealth board approved the bonus program and knew the CEO was included in it. 

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