An Orange County jury has awarded $5.8 million in damages to Dr. Mark Linskey, a neurosurgeon previously affiliated with UC Irvine, in a case surrounding allegations of retaliation following his whistleblower complaint regarding patient safety risks and misuse of resources. This verdict, reached on May 9, represents a significant chapter in Linskey’s long-standing legal battle with university officials.
Dr. Linskey, a board-certified neurosurgeon and former chair of the Department of Neurological Surgery at UC Irvine, has faced legal challenges since 2016 after filing complaints against former UCI School of Medicine Dean Ralph Clayman and former department chair Johnny Delashaw. The recent jury decision addresses retaliatory actions that allegedly occurred from November 2015 onward, marking the second phase of litigation. In a prior ruling from 2019, Linskey was awarded $2 million for grievances occurring before the university’s investigation concluded.
Expressing a sense of vindication, the 64-year-old Newport Beach resident commented, “Having two sequential, unanimous jury verdicts is a very good feeling.” He noted that it reflects the jury’s ability to discern the truth within the complexities of the case.
John Murray, a spokesperson for UC Irvine Health, declined to provide comment on the outcome. Linskey’s challenges within the department reportedly began in 2013 when he raised concerns that Delashaw and another physician, Dr. Frank Hsu, were diverting patients away from the standard neurosurgery on-call service for personal care, depriving other practitioners of valuable experience and expertise.
Linskey described an environment of hostility, claiming that Delashaw’s arrival fostered a culture where he felt unwelcome. This treatment reportedly escalated ongoing challenges for Linskey, especially after his relocation from the department, which stripped him of responsibilities related to training new neurosurgeons and negatively impacted his clinical and research productivity.
In 2014, Linskey initiated a whistleblower retaliation complaint, following an academic senate review that determined his removal bore the “appearance of retaliation.” Despite being allowed back into the department, he endured persistent exclusion from critical residency training opportunities, working upwards of 100 hours each week without relief, which hindered his ability to conduct important research.
Dissatisfied with the university’s resolution, Linskey filed a lawsuit in 2016 in Orange County Superior Court, achieving a favorable outcome that included restitution for lost income and emotional distress, as well as an order to allow him back into the residency program. However, Linskey’s continued exclusion from this program was a prominent issue in the recent trial.
This latest jury verdict also addressed allegations of ongoing retaliatory measures following Linskey’s previous verdict. His attorney, Ivan Puchalt, explained that a key point of contention was whether Linskey should have been reinstated in that residency program by 2019, a detail he maintained was crucial to the case.
The jury’s award of $5.88 million accounts for both financial and emotional suffering, including anxiety, humiliation, and distress stemming from the alleged retaliatory actions. Delashaw, who left UC Irvine shortly after being recruited in 2013, had a complicated tenure that included numerous controversies. Clayman resigned as dean in 2014 but returned to the university in a different capacity.
Hsu, who succeeded Delashaw as the chair of Neurological Surgery, faced scrutiny in 2022 for mismanagement of funds, further complicating the department’s reputation. Reflecting on his tumultuous legal journey, Linskey expressed that despite the challenges, his commitment to uphold the truth made the struggle worthwhile.
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