Dr. Tobler and Scotland County Hospital Head Back to Court for Legal Fee Hearing

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 By Echo Menges

Scotland County Hospital and Dr. Randall Tobler are scheduled to appear in court Wednesday, Feb. 5, for a hearing on Tobler’s attorney fees in the Sunshine Law lawsuit he won against the hospital in November. (Case No. 23SE-CC00015). First Circuit Presiding Judge Rick Roberts ruled that the hospital was in gross violation of the Missouri Sunshine Law, Chapter 610 of the Missouri Revised Statutes, during a series of secret board meetings held in August 2022. The judge found the hospital board knowingly and purposefully violated the law, fining the hospital the maximum penalty of $5,000 and paving the way for Tobler to recover his attorney fees for bringing the lawsuit. Tobler has since asked the court to award him $286,277.60 in attorney fees, $486.20 in costs, and the $5,000 penalty. The Edina Sentinel/NEMOnews Media Group submitted Sunshine Law requests to the hospital, seeking public documentation of the hospital’s legal fees and insurance coverage information following the verdict. A history of payments made to, and eight invoices from, the law firm Polsinelli were submitted by hospital CEO Dr. Meagan Weber last month. From August 2022, when the secret meetings were held, to November 2024, when the verdict was reached, the hospital paid Polsinelli $279,538.57, according to the payment history documentation submitted by Weber. Invoices marked “Dr. Randall Tobler Lawsuit” and submitted to the hospital in September 2023, and January, February, April, May, June, July, and October 2024, total $133,885.50. The information does not reflect fees from other law firms or lawyers that could be related to the secret meetings held by the board of directors and hospital administrators, or the resulting lawsuit. It is also unclear if the documents include the cost of the forensic audit performed by the hospital following Tobler’s termination, which has not been released publicly. A forensic audit was conducted after Tobler and others were terminated by the hospital board and administrators. Early in the process of attempting to obtain the forensic audit, Weber said in an email, “Again, the forensic audit is privileged through our attorneys.” Attorney-client privilege is a legal principle that protects confidential communications between a lawyer and their client. It can prevent communications from being disclosed in court or through other legal means, such as a Sunshine Law request, at the discretion of hospital decision-makers. 

Weber also submitted the Scotland County Hospital liability insurance policy, which showed $1 million in liability coverage, including defense costs, from July 1, 2023, to July 1, 2024. 

The public hearing is scheduled to be held in the Scotland County courtroom and via WebEx, the court’s online video platform, Wednesday morning at 9 a.m.