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All Recipients
The 2000 Steven J. Sharp Public Service Award
Attorney Elizabeth Kuniholm, 15 Women Honored
Attorney
Elizabeth Kuniholm of Raleigh, N.C., and 15 of her clients
involved in a case against an HMO doctor received this year's Steven
J. Sharp Public Service Award for exposing the exploitative and abusive
actions of the physician. The award was presented to the attorney
and client Robyn Santitoro at the membership and awards luncheon
at the Annual Convention in Chicago. Five of the other clients were
present for the ceremony.
Santitoro and another woman originally came to Kuniholm separately,
accusing Dr. Wallace Evans II of patient abuse. The suit was filed
in 1995, and subsequently more than 75 women contacted the attorney
with complaints about Evans.
Evidence presented at trial revealed that two HMOs had received numerous
complaints about Evans's conduct and language during physical exams
of patients. Blue Cross/Blue Shield of North Carolina conducted an
investigation but allowed Evans to stay on its physician roster in
spite of his refusal to change his behavior. Evidence also showed
Evans had entered a confidential state medical board treatment program
for "impaired" physicians while he continued to treat patients.
Sexual misconduct is considered an "impairment" by the board.
All of this information was kept confidential from the public.
"These women succeeded where the medical community failed,"
said Kuniholm. "The medical community knew about the complaints
against Dr. Evans, yet did nothing. Now the truth about what happened
to these women is part of the public record, and no one else will
be harmed."
Their actions embody the spirit of the Steven Sharp award, which
is named for a young man from Oregon who lost both his arms in 1992
in a defective tractor hay baler. Sharp won an $8.5 million verdict
against the tractor company, which the Wisconsin Supreme Court upheld
on appeal. If proposed federal legislation regarding the age of the
equipment had been law, Steven would have been unable to sue the tractor
manufacturer. His case illustrated how this legislation would deprive
people like him of access to justice.
The recipients of last year's award were attorneys Rene Haas and
David Perry of Corpus Christi, Tex., and their client John Caballero
of Victoria, Tex., who was injured in a gas well explosion. They won
a $30 million punitive damages award against Esenjay Petroleum Corp.
Caballero decided to turn down the money in exchange for Esenjay's
promise to institute a new safety program that would prevent other
workers from suffering similar tragedies.
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