Vernon L. Johnson v. SSM Healthcare System

United States Court of Appeals
For the Eighth Circuit
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No. 14-1397
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Vernon L. Johnson
lllllllllllllllllllll Plaintiff - Appellant
v.
SSM Healthcare System
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: November 14, 2014
Filed: November 20, 2014
[Unpublished]
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Before WOLLMAN, BYE, and MELLOY, Circuit Judges.
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PER CURIAM.
Dr. Vernon L. Johnson appeals the district court’s adverse grant of summary1
judgment in his state-tort suit for damages arising from revocation of his hospital
The Honorable Henry E. Autrey, United States District Judge for the Eastern1
District of Missouri.

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privileges; his suit was removed to federal court under the Health Care Quality
Improvement Act (HCQIA). Upon de novo review, we find no basis for overturning
the district court’s determination that SSM was entitled to HCQIA immunity, because
Dr. Johnson did not satisfy his burden of producing evidence that would allow a
reasonable jury to find that the peer review process failed to meet HCQIA’s
standards. See Lee v. Trinity Lutheran Hosp., 408 F.3d 1064, 1070-71 (8th Cir.
2005). The judgment of the district court is affirmed, see 8th Cir. R. 47B, and Dr.2
Johnson’s pending motion is granted.
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We decline to address the matters Dr. Johnson raises for the first time in his2
opening brief, see Stone v. Harry, 364 F.3d 912, 914-15 (8th Cir. 2004), or in his
reply brief, see Jenkins v. Winter, 540 F.3d 742, 751 (8th Cir. 2008).
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