Attorney, client at odds over WhidbeyHealth settlement

WhidbeyHealth Public Hospital District settled an age discrimination lawsuit in August, but the plaintiff and his attorney are still arguing over money.

Seattle attorney Gregory Albert filed a motion to resolve an attorney lien in U.S. District Court Oct. 10. He is asking the federal judge to award him fees and costs that his client, Dr. James Elbaor, refuses to pay.

The hospital district settled a lawsuit with Elbaor for $1.5 million. Under the terms of their agreement, Albert is entitled to 28.5 percent of gross recovery and his costs during litigation, according to the attorney’s complaint.

The attorney and client disagree about whether percentage of recovery should be calculated before or after the costs are taken out of the settlement.

Albert wrote that he is owed $15,000 in attorney fees and $15,000 in cost reimbursements, which Elbaor refuses to pay.

Albert traveled to three different states to take depositions, drafted 25 interrogatories and 45 requests for production and reviewed more than 3,000 pages, the claims states.

Albert claimed that he “has gone to painstaking efforts to resolve this nonsensical dispute without the court.”

Albert wrote that Elbaor became preoccupied with reducing the attorney’s fees and reimbursements throughout litigation, continually asking Albert to reduce his fees; Elbaor allegedly increased his demand to the hospital district by $2 million when Albert refused and even altered the settlement agreement to reflect a smaller fee without his attorney’s knowledge, the document state.

Albert also wrote that Elbaor is trying to set him up for malpractice claims.

More in News

North Whidbey man jailed for car insurance fraud

Arnold F. Bodner, 58, pleaded guilty in Island County Superior Court April 16 to a single count of insurance false claim, which was a felony charge because the amount of the claim exceeded $1,500.

VQ-1 ‘World Watcher’ gains new commander

Cmdr. David Van Kampen has assumed command of Fleet Air Reconnaissance Squadron… Continue reading

Photo by Emily Gilbert/Whidbey News-Times
Junior Michael McKinney uses an arc welder to make a trailer hitch for a shed the class is making.
OHHS to expand skills classes with new building

The building may be used for engineering, manufacturing, automotive and construction classes that are in high demand.

Meeting set to interview three for assessor position

The Island County Republican Party Central Committee was tasked with nominating three people to replace Mary Engle, who resigned as the elected assessor earlier this year to become planning director.

Photo by Emily Gilbert/Whidbey News-Times
The Coupeville-Port Townsend ferry route will stay on one-boat service until at least June 27.
Coupeville route down to one ferry through June 27

Another delay in two-boat service means Coupeville ferry riders will need to squeeze onto one boat until at least June 27.

Oak Harbor will have Fourth of July fireworks, parade

This year’s event will look slightly different to comply with safety guidelines.

Car crashes into building, boat during police chase

The car went through a building, struck a “Zodiac type boat” and came to rest against the far wall, the deputy’s report states.

District names interim superintendent

School board members unanimously voted for Karst Brandsma

Worker will begin wrapping the Deception Pass bridge this month as they try to complete the project by the end of the year. The parking lot on Whidbey Island next to the bridge will be closed until March. WSDOT photo
Deception Pass bridge parking lot closed until March

The closure is supposed to ease access for construction crews as they work on the bridge.

Most Read