Case was one of three involving neurosurgeons, hospital

Doctors agree to end defamation lawsuit

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A defamation lawsuit by a prominent neurosurgeon claiming two physicians allegedly defamed him is over, according to a letter filed in 7th District Court on Wednesday.

Dr. Tom Kopitnik sued Drs. Mary MacGuire and Anne MacGuire on April 11, 2005, for comments that may have affected his ability to get another job.

After three years and thousands of pages filed in big folders in the Clerk of District Court's office, both parties reached an agreement to end the case.

The agreement means a four-week trial scheduled to begin on April 14 won't happen.

In a letter dated Monday, Kopitnik's attorney Pat Crank wrote to MacGuire's attorney Hank Combs with the settlement documents including the dismissal, court order and confidential agreement.

The letter also tells District Judge David Park the case has been resolved.

Combs, a lawyer with the Casper-based Murane & Bostwick LLC, said Thursday the case wasn't settled.

"The plaintiffs dismissed it," he said.

Crank didn't completely agree with that view, but said he couldn't comment on the case until the paperwork was signed, he said Thursday.

This lawsuit arose after the MacGuires, who are sisters, made comments about Kopitnik scheduling two surgeries at staggered times in adjacent operating rooms in March 2004.

In 2005, Kopitnik had tried to find work with the United Medical Center in Cheyenne, and he believed comments Mary MacGuire made thwarted his ability to get a job, according to court documents.

Over time, the court dismissed most of Kopitnik's claims until only one was left, according to court documents.

While this lawsuit is over, two others remain involving Kopitnik and fellow Central Wyoming Neurosurgery surgeons Drs. Robert Narotzky and Debra Steele.

On Jan. 28, Central Wyoming Neurosurgery filed suit in federal court against the Wyoming Medical Center, the board of trustees who oversee the WMC's lease of Natrona County's hospital assets, and certain employees and former employees for violating their constitutional rights of due process.

The WMC recently asked U.S. District Judge Clarence Brimmer to suspend this lawsuit while the two state lawsuits were pending.

The only state lawsuit remaining is the one filed on Oct. 26, 2006, alleging the hospital and key employees filed a false police report saying Kopitnik stole medical supplies from the WMC shortly after the neurosurgeons resigned their privileges.

The last court filing in this lawsuit was in December.

Reach Tom Morton at (307) 266-0592, or at Tom.Morton@trib.com.

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