10/23/2026 | Press release | Distributed by Public on 10/23/2026 14:56
Baker Donelson successfully represented Dr. K. Craig Kent, former Executive Vice President for Health Affairs and Chief Executive Officer of the University of Virginia (UVA) Health System; Dr. Melina Kibbe, former Dean of the UVA School of Medicine and Chief Health Affairs Officer; Dr. Wendy Horton, former Chief Operating Officer and Chief Executive Officer of the UVA Medical Center; and Dr. Allan Tsung, current Chair of the UVA Department of Surgery, in obtaining dismissal of all claims asserted against them in a federal lawsuit pending in the U.S. District Court for the Western District of Virginia that was filed by four current and former physicians affiliated with UVA Health.
In an October 21, 2026, memorandum opinion and order, the court dismissed the plaintiffs' Racketeer Influenced and Corrupt Organizations Act (RICO) claims against Drs. Kent, Kibbe, Horton, and Tsung, holding that the plaintiffs failed to establish statutory standing and plead any RICO predicate acts.
The court also dismissed the RICO claims against two other former UVA physicians and the UVA Physicians Group, and all claims against the University of Virginia after determining that the university is immune from suit. Only two retaliation claims against UVA Physicians Group remain pending.
The court's ruling followed extensive briefing and jurisdictional discovery.
In a joint statement, Drs. Kent, Kibbe, and Horton said, "We are pleased by the court's decision and proud that our team led UVA Health - an organization with more than 18,000 employees and 1,200 physicians - over a period of many years, with integrity and proven success."
"We appreciate the court's careful consideration of the issues presented and the court's dismissal of all claims against our clients," said Sean B. O'Connell, managing shareholder of Baker Donelson's Washington, D.C., office. "This ruling represents a significant outcome for Drs. Kent, Kibbe, Horton, and Tsung," added John S. Ghose, special counsel in Baker Donelson's Atlanta, Georgia office.
The Baker Donelson team representing Drs. Kent, Kibbe, Horton, and Tsung was led by shareholder Sean B. O'Connell (Washington, D.C.), special counsel John S. Ghose (Atlanta, Georgia), and included associate Bethany R. Carroll (Atlanta, Georgia).