In December 2021, Dr. Richard Loftus, the former assistant program director of the Internal Medicine Residency Program at Eisenhower Medical Center, filed a lawsuit against EMC, an associated primary care provider group called the Eisenhower Medical Associates (EMA), and a number of individual Eisenhower employees.
The case revolved around certain EMC executives’ resistance to COVID-19-related safety recommendations championed by Loftus in 2020 as the pandemic took hold—and the alleged retaliatory actions taken against Loftus by those executives in attempts to silence his calls for mandatory masking and other measures to protect the safety of both patients and medical staff.
The lawsuit also claimed that Loftus’ supervisor, Dr. Mehrdad Abbasi, harassed and intimidated female residents under his and Loftus’ supervision.
On June 30, 2025, a retired judge appointed to act as the referee/arbitrator on the case found in favor of Loftus, awarding him $1.6 million for a loss of earnings ($600,000) and emotional distress ($1 million). A trial to determine the dollar amount of any punitive damages is scheduled to take place in August.
“This case wasn’t just about me,” Loftus said during a recent interview with the Independent. “It was about so many dozens of us working in Eisenhower who complained about concerns of worker and patient safety during the early COVID outbreak, as well as concerns about a pervasive toxic culture that tolerated sexual harassment and sexist bullying of women, both in the residency program and in the hospital at large.
“The judicial referee, (retired Judge Michael) Latin, agreed with all nine of our points in the case. The hospital … broke multiple laws, not to mention the hospital’s own policies and bylaws. … There was a clear pattern of singling me out for speaking up about the COVID conditions, but also retaliating against me for speaking up about issues of worker and patient safety, and about the issues of discrimination against all the women residents and staff.”
‘A Respected Mentor’ Who Fought for COVID Precautions
In his 52-page decision, Latin goes to great lengths to recount the dynamics at play at EMC during that high-stress moment in history, and explain how he came to side with the plaintiff’s contentions over those of the defendants at EMC.
“Dr. Loftus was, by all accounts, a revered doctor and a beloved and respected mentor,” Latin wrote. “Every testifying physician who worked with him or under him testified about the profound impact he had on their career. He was described by those witnesses as ‘tireless,’ ‘caring,’ ‘brilliant’ and ‘selfless.’ He gave everybody his undivided attention. Several witnesses cried or became tearful when describing the impact Dr. Loftus had on their career choices and trajectories. Prior to the COVID pandemic, Dr. Loftus enjoyed an exemplary employment history with nothing but positive feedback in his personnel file over his 10-year history with EMA.
“There is little dispute that Dr. Loftus, as the pandemic spread, felt that EMC was not being sufficiently proactive. Leadership was not, in his view, doing everything it could to assure the safety of the residents, hospital staff and physicians, or the public at large. It is also beyond dispute that Dr. Loftus made public statements that, in the eyes of the administration, embarrassed and reflected poorly upon the medical center. … While this was occurring, others at the hospital were busy trying to control the flow of information to prevent hysteria, managing the supply of PPE to protect staff and the public, and trying to stay ahead of the ever-changing news on the virus’ spread. Concurrently, others were focused on denying the virus’ seriousness, or the need for protection, and ridiculing and belittling those who were genuinely fearful and aggressive about taking precautions.”
Latin said Eisenhower Health President and CEO Martin Massiello admitted frustration “with Loftus and ‘all of his COVID emails.’ Mr. Massiello formed this attitude toward Dr. Loftus at the very beginning of March (2020), at the start of the pandemic. At trial, Mr. Massiello expressed no sincere acknowledgement, even in retrospect, that Loftus was simply ahead of the curve or legitimately concerned. Looking back, most of what Dr. Loftus warned about was correct. Massiello’s attitude toward Dr. Loftus and ‘all of his COVID emails,’ as well as other expressions of exasperation with Loftus in other emails during the early days of COVID, clearly reflect his bias and treatment of Dr. Loftus in the ensuing months, as Dr. (Abbasi’s) conflict with Loftus eventually came to a head.”
Latin found that Loftus’ complaints about Dr. Abbasi had merit.
“Around the time of the pandemic,” the decision reads, “tension grew in the Residency Program between the residency director, Dr. Abbasi, and other less senior staff, physicians and residents. Many, if not all, of the women who worked under Dr. Abbasi complained that he was sexist; that he would berate and demean others—particularly women; that he treated his position of authority ‘like a dictatorship’; that he belittled staff and doctors who wore masks; and that he prohibited the residents from wearing masks, among other complaints; that he was dishonest and ‘lied all the time’; and that he created a ‘toxic work environment’ for all the residents. … These issues were not new. They had plagued the Residency Program for some time. But they reached a boiling point when Dr. Abbasi revealed himself to many as a ‘COVID denier’ who, in addition to all the other offenses, belittled those who took COVID seriously or tried to take precautions against it. Against this backdrop, Loftus was being criticized by the administration for his proactive advocacy—if not for the positions he took, then certainly for his approach. Several physicians ultimately resigned from EMC because of the toxic work environment Dr. Abbasi created. Many felt, correctly, that EMC ignored their complaints and did nothing to protect them or create a safe work environment.”
“These issues were not new. They had plagued the Residency Program for some time. But they reached a boiling point when Dr. Abbasi revealed himself to many as a ‘COVID denier’ who, in addition to all the other offenses, belittled those who took COVID seriously or tried to take precautions against it.”
retired Judge Michael Latin, in his decision
Latin’s decision discusses several female residents who testified during the trial phase regarding abuse they experienced from Abbasi.
“Morale in the residency program was abysmal due to Dr. Abbasi’s unchecked conduct,” Latin wrote. “When the COVID pandemic hit, the problem worsened. He was a COVID denier who dismissed their safety concerns and belittled those who took precautions against COVID. A common refrain was that he would let residents know that he was the one who decides whether the residents have successfully completed their residency to graduate. As a result, residents lived in constant fear for their futures if they stood up to him.
“These complaints were so universally known and long ignored that even a high-ranking physician who sat on the Medical Examination Committee … herself submitted a gender discrimination complaint about Dr. Abbasi to Human Resources. And even then, nothing was done.”
A Sense of Vindication
The Independent reached out Lee Rice, EMC’s media coordinator and public relations specialist, to talk to Eisenhower representatives regarding the suit. Rice responded, “The trial process is not yet complete; therefore, Eisenhower Health will not be providing comment or participating in interviews at this time.”
Loftus, and his attorney, Jeffrey Rager, said Latin’s decision brought a long-awaited sense of vindication.
“It was apparent to me, even at the time, that this probably was really illegal and unfair, and I also was aware that there were many people who supported me,” Loftus told the Independent. “While there was this story that I was some kind of disruptor to the hospital, there were so many people who were relieved that somebody was speaking up. … One of the concerns the resident doctors had expressed was that they found this culture to be one of toxic tolerance of discrimination. … They were worried that they were no longer free to speak up and give feedback to the program, because instead of being taken as ways for us to evolve and improve, (their comments) were seen as meaningless criticisms and grounds to browbeat people. What’s ironic is the very culture of retaliation that the residents were worried about was demonstrated by the hospital in how they treated me. I spoke up on behalf of the residents, and I was personally retaliated against. I couldn’t ask for a better confirmation that our concerns about the hospital’s culture were spot-on.”
Rager said he has never encountered a case with “such an uncontroverted version of events.”
“From our perspective, like the referee said, there were 30 people who talked in support of Dr. Loftus, as well as to the abuse by Dr. Abbasi … EMC’s policies say, ‘If you have concerns about patient safety or resident safety, come to us. We’ll protect you. If you have concerns about someone being gender abusive, come to us. We’ll protect you.’ (Yet) they retaliated against Dr. Loftus for doing that. So, it’s important because, as the judicial referee noted, all these (defendants) are still in place. Nothing has changed, and there was no acceptance of responsibility at all during trial. It was complete defiance.”
Rager said this defiance was evident in how Eisenhower responded to attempts to settle the case.
“We did try and settle this, and the settlement attempts were not even close,” Rager said. “So EMC brought us to this forum. We were originally in court, and they filed a motion to compel this case into a judicial referee system. The judge was an agreed-upon judge … and so, this is the end result of a continuing pattern of failing to accept any responsibility, (which) I think is highlighted by this decision.”
Loftus said he has no regrets about speaking out about the problems at Eisenhower Medical Center.
“I feel that (the referee’s decision) demonstrates that everything that I stood up for was right, and it’s nice to be vindicated,” Loftus said. “I paid a huge personal price for what they did to me, and I would do it again. I would take a bullet for those residents.”
Right On!
Eisenhower administration seems to think we are lucky to have them & patients be damned.
Regardless of one’s stance on the broader response to COVID-19, one fact is undeniable: Dr. Loftus was doing exactly what any responsible physician should — protecting the safety of his patients and colleagues. That a judge ruled in his favor is no surprise. What is shocking is what this ruling exposes: a hospital leadership steeped in intimidation and cover-ups. Dr. Loftus did his duty. A judge affirmed that. That ruling should not surprise anyone. What should shock us is what it reveals: a hospital ruled by intimidation, not integrity. Eisenhower Health is a nonprofit. It is entrusted with lives. With public trust. Yet while frontline staff collapse under impossible strain, the administration cuts secret deals and pays hush money. Settlements buried. Truth hidden. This is not about one doctor. It is not about one case. It is about a pattern – systemic, sustained, deliberate. A culture of fear, paid for with silence: Bullying, misogyny, wrongful deaths. That is what the numbers will show when settlements are dragged into daylight. They will not just be large. They will be shameful. And at the center of it all stands Martin Massiello. President. CEO. A man who has overseen the collapse of morale, the flight of talent, the corrosion of standards. His arrogance knows no limit. His “leadership” is a disgrace. If he had any honor, he would resign. Today. But he won’t. He will wait for his pension. That is not leadership. That is cowardice. The public deserves better. The staff deserve better. The patients deserve better. Eisenhower Health has failed them all. Hopefully this verdict will mean more people will speak out, more people will seek legal counsel and hold Massiello accountable.
The various injections did not work to stop transmission of whatever COVID was, masks did nothing to stop transmission of anything. Dr. Loftus was a hysteric who bought into the psyop that was created in order to get as many people poisoned with the various C10 vaxxes. The side effects from the C19 shots are horrifying, masking is very bad for oxygen intake. It’s unconscionable, knowing what we know now that Eisenhower hospital should have to pay out anything. It may very well be that the atmosphere was toxic, but the entire Covid psyop & the fall out from it will be toxic & deadly for generations. It might just be the end of Western civilization..population decline is catastrophic all across western countries. Also China, I’m not sure about Russia or the Muslim world. Africa seems to have escaped it.
Apparently the Judge that EMC agreed to doesn’t agree with you and as an aside history holds your opinion as wrong.
Wow.. when you put it that way, I can see how we’re all doomed
Where did you get your medical degree???
Vaccine deniers aside, as a retired Eisenhower employee of 35 years, I can certainly believe that the repressive administration at Eisenhower would act against Covid safety measures and accept misogynistic behavior. Thank you, Independent, for bringing this information to light.
While I and not a ‘good buddy’ of Dr. Loftus I am very aware of how he treats his patients. He is always the best patient advocate I’ve ever been lucky enough to know. The deniers are always going to be there with the naysayer friends. I’m so happy that Dr. Loftus won this lawsuit.
As someone who has raised a family, and practiced medicine, for 15 years in the shadow of the toxic environment that is EMC (a facility run by what I have heard Physicians outside our valley refer to as the “Eisenhower Mafia”), I hope the punitive damages are sufficiently significant to finally catch the attention of the deaf ears that have failed to address it. Ever.
Such interesting news! Good for Dr. Loftus. Was this drama cover by the local media and/or the Desert Sun?
I have personally worked with Dr. Abbasi as one of the residents at Eisenhower. What I can testify is that he is that he was very passionate and caring for both patients and residents. I had noticed his dedication for resident education as well as well-being. To me, it’s a sad joke to accuse him of sexism and not caring about residents during COVID. He was always pro residents. I can mention a long list of actions that he took to protect us, such as assuring presence of proper personal protective equipments, minimizing unnecessary exposure, and changing residents schedules to reduce presence of residents in hospital during COVID surge.
I have not personally worked with Dr. Loftus, but I deeply believe that his claims against Dr. Abbasi I are Inaccurate. I’m also disappointed because I feel the Judge has not investigated the matter deep enough. Had he done so, he wouldn’t agree with the claims against Dr. Abbasi, I think.
Unfortunately I was treated terribly by Dr. Abbasi. It was absolutely shocking to me, because it was completely unexpected and not provoked. He literally unleashed on me in front of my colleagues, patient’s and other staff. I will never forget how terribly he treated me
Thank you to Dr. Loftus and to Kevin Fitzgerald for the story. I encountered a dreadfully toxic EMC culture a few years prior to this episode when my Mom (a Duke-trained pediatrician) died due to a medical error by one of the residents. Aside from one brave leader named Maureen in the residency program (she was quickly ushered out), EMC embarked on a campaign of cover-up and intimidation. Then-CEO Aubrey Serfling ordered me to shut up and said “you are just looking for someone to blame.” Current CMO Alan Williamson also tried to deny reality–though the hospital was sanctioned by the Calif. Dept of Public Health for the fatal error. The residents who were involved were terrified to speak up or even to say “I’m sorry your mom died”. Errors are important learning moments for young doctors but when there is a cover-up no one learns anything.
Eisenhower patients are in danger every day due to a culture that silences whistleblowers, whether they be doctors like Richard Loftus or grieving daughters like myself.
Frightening, what is going on at Eisenhower and whatever doctors are in collusion or denier about complaints being brought or part of the problem. Admission of a problem leads to resolution thereof where continued denial will only lead to another lawsuit.
I had the good fortune to have Dr. Loftus as my primary care physician for a few years. I was always treated with the most respect and he was one of the smartest doctors I had ever worked with. Personable, respectful, super-smart, and I hadn’t heard anything about him until now. But the little that I did hear spoke of how he was doing important HIV research.
The one thing i will fault Eisenhower with is the fact that I could NOT get a COVID vaccine. ‘Evidently’ this was offered to only the richest patients. As an Eisenhower 365 patient, I was amazed that this was the not offered to me. I had to travel to Los Angeles to Keck/USC to get the first 2 vaccines. And, later on, EMC was so far behind in offering Covid testing. They really dropped the ball on those fronts.
I appreciate you covering this story. I am pleased that Dr. Loftus was vindicated, but it should never have come to that. The ruling raises deeply troubling questions about the institutional culture at Eisenhower, including potential failures of oversight, accountability, and ethics at the highest levels. It suggests a culture pre-occupied with public image and internal protectionism than with patient safety or ethical accountability. But frankly I am not surprised. Speak to anyone who works at Eisenhower and they will share similar stories such as this. The senior management there have seemingly allowed a toxic culture to take hold. One only has to look at the turn over of staff to realise that people do not like working there. It is hard enough to attract skilled medics to the valley, and yet the current administration seem okay with letting skilled clinicians like Dr. Loftus leave. I spoke to my husband’s primary before Christmas, and he has over 900 patients, that is absurd. No wonder people are leaving in droves (my primary left this year) the culture must be demoralizing. It makes me wonder what else Eisenhower is hiding.