Lack of Respect for Appellate Process Warrants Sanctions Print
Thursday, August 15 2019

An Illinois state appeals court is imposing sanctions against a woman whose attorney filed an appeal that displayed a "total lack of respect for the appellate process."

According to news reports, Elena Chernyakova sued Northwestern Memorial Hospital, McGaw Medical Center and Dr. Vinaya Puppala, alleging the doctor accessed her medical chart and posted her photo on social media without consent. After the case was dismissed against the hospital and medical center, a $250,000 settlement against the physician was negotiated and the records sealed.

Chernyakova then appealed the summary judgment against the hospital and medical center. Both organizations sought to have the settlement agreement unsealed, and the court agreed.

Following the unsealing of the settlement transcripts, it came to light that the plaintiff had given the physician, who she knew socially, permission to take her picture.

"We find that the contents of the unsealed settlement transcript, as well as other materials contained in the supplemental record before us, lead to the inescapable conclusion that this appeal is frivolous and is being pursued in bad faith," Justice Daniel Pierce wrote for the panel.

"The record before this court reflects that (Chernyakova) agreed to tell the world that her claims of misconduct by Puppala did not happen, and that she has told the licensing authority in Georgia just that," Pierce wrote. "This court will not abide the duplicity of plaintiff’s conduct."

Source: cookcountyrecord.com