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Monday, September 23, 2024

Student alleges John A. Logan College's refusal to exempt COVID-19 vaccination cost him $222,000 in damages

Federal Court
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John A. Logan College

EAST ST. LOUIS - Refusing vaccination cost Luke Wegmann of Woodlawn $222,059, according to an expert in his suit against John A. Logan College.

Vocational economist Sara Ford of Louisville, Kentucky, figured Wegmann missed two years of income and benefits as a heart sonographer.

Wegmann claims John A. Logan should have granted him a religious exemption in 2022 so he could study at Blessing Hospital in Quincy under its affiliation with the college.

He claims the hospital didn’t grant exemptions but would have accepted one from the college.

He claims sonography program coordinator Karen Kasban denied an exemption and forced him out of the program.

Michael Cork of Indianapolis filed Wegmann’s suit at U.S. district court last October against the college, president Kirk Overstreet, trustees, and Kasban.

Cork claimed Wegmann provided a statement to Kasban about his Christian beliefs.

He alleged violation of free exercise of religion under national and state constitutions.

College counsel Danielle Malaty of Chicago moved to dismiss the complaint in March, claiming the only conduct alleged to cause injury was that of Blessing Hospital.

Chief District Judge Nancy Rosenstengel denied the motion in May, finding Wegmann established a sufficiently strong nexus between his injury and defendants’ conduct.

She found he alleged that Overstreet confirmed, sanctioned, and ratified Kasban’s decision to refuse to provide an exemption.

She added that he alleged that Overstreet confirmed, sanctioned, and ratified Kasban’s ultimatum to receive the vaccine or withdraw from the program.

“Wegmann’s right to engage in protected conduct without retaliation was clearly established at the time,” she wrote.

“Defendants’ argument that Blessing Hospital is an independent third party uncontrolled by the College is refuted by the Complaint,” she added.

Nine days later John A. Logan filed a third party counterclaim against Blessing Hospital.

Malaty claimed Blessing Hospital and the college entered into a partnership controlled by an agreement that bound them to terms and conditions. 

She claimed Blessing Hospital must defend and indemnify directors, officers, employees and students against losses, claims, damages, demands, suits, judgments, penalties, settlements and costs arising from Blessing’s negligent acts or omissions.

Blessing Hospital counsel Deanna Litzenburg of Belleville moved to dismiss the counterclaim in August, stating John A. Logan was sued for its own conduct.

She claimed the agreement between the hospital and the college made clear that they didn’t enter into partnership.

In September, economist Ford interviewed Wegmann, age 35.

“After a career in the National Guard and working closely with occupations in support of the Army, Mr. Wegmann made the decision to return to school to pursue a career as a sonographer,” she wrote.

“Mr. Wegmann currently stays at home while his fiancé is in school, to provide care for their minor child,” she added.

She wrote that Wegman hopes to begin the sonography program in 2024.

“Absent the alleged discrimination, Wegmann would have completed the program and started working in December,” she wrote.

She added that it was assumed he would now complete the program in December 2025. 

On Oct. 17, Malaty moved to stay briefing on the hospital’s motion to dismiss the college’s counterclaim pending mediation with former district judge Patrick Murphy on Nov. 10.

Litzenburg opposed a stay on Oct. 20, stating John A. Logan had the audacity to use mediation as an excuse for their failure to offer valid opposition to her motion.

“Blessing respectfully submits that defendants’ tactics are as transparent as they are improper,” she wrote.

She claimed the college had more than ample opportunity to respond to the motion and Rosenstengel should grant it.

Rosenstengel didn’t grant it, but on Oct. 25 she set a Dec. 8 deadline for response.

She ordered Blessing Hospital to participate in mediation.

She plans trial in June.

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