UCLA surgeon wins civil case

Thursday, March 11, 2004

By David Kute

BRUIN CONTRIBUTOR
dkute@media.ucla.edu

A UCLA Medical Center surgeon and professor of cardiothoracic surgery accused of sexual harassment, retaliation, and creating a hostile environment won a judgement by a Los Angeles Superior Court last week.

The civil lawsuit was filed last March by plaintiffs Judith Becker and Amy Pape, UCLA employees who worked under Gerald Buckberg. The plaintiffs alleged that after filing sexual harassment grievances against Buckberg, he retaliated by firing one of them.

The plaintiffs were asking the jury for almost $2 million in damages, none of which was rewarded.

The charges against Buckberg first surfaced two years ago and have followed him since that time.

“It was very unfortunate that Dr. Buckberg had to go through two years of this,” Smith said.

Buckberg, who has been part of the UCLA community for over 40 years, was pleased with the verdict.

“I look forward to continuing my career in developing treatments of congestive heart failure and stroke. That is my mission,” he said.

Cara Eisenberg, the plaintiff’s attorney, said she plans to file post-verdict motions for her clients in the hope the decision will be overturned.

“My clients are very disappointed by the verdict,” Eisenberg said.

UCLA conducted its own investigation of the allegations in August 2002 and found probable cause that Buckberg had created a hostile work environment and had sexually harassed Becker and Pape. A privilege and tenure hearing for Buckberg is scheduled this May. The purpose of the hearing would be to examine the allegations.

A recommendation based on the hearing’s findings would then be sent to the chancellor, and Buckberg could be dismissed by UCLA.

Marc Smith, the attorney handling the lawsuit for Buckberg, believes the hearing is no longer necessary now that the court decision has been made.

“Based on the findings made by the jury on these same issues, we are hopeful that UCLA…will no longer pursue the matters,” Smith said.

A few changes have been appended to reflect proper civil case terminology.