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Nikita Levy settlement appeal dismissed from Court of Special Appeals

A lone objector to Johns Hopkins Hospital System’s $190 million settlement with more than 8,000 patients of former gynecologist Nikita Levy has dismissed her appeal, according to court records.

The Court of Special Appeals docketed Audrey Dagmar Tomerlin’s appeal as dismissed Feb. 5, and six days later issued a mandate closing the case at the appellate court level, according to court records. The mandate was filed in Baltimore City Circuit Court on Feb. 18, according to court records.

Tomerlin, a former Hopkins dietician and patient of Levy’s, filed her notice of appeal in October, a month after the settlement was approved. She alleged the mandatory class action denied her due process and that the resulting settlement was “only fair and financially beneficial to Johns Hopkins and class counsel.”

Under a mandatory class action, prospective plaintiffs cannot opt out and sue on their own.

Tomerlin declined to comment Monday about the dismissal. In October, she said she was not against Levy’s patients receiving compensation but that there were “a lot of violations left out of the class action.”

Tomerlin, who now lives in California, represented herself on appeal.

Levy worked at Hopkins from 1988 until Feb. 8, 2013, when the hospital terminated his employment after being alerted to his possible misconduct. Police found 10 file servers’ worth of photos and videos among his possessions.

Levy committed suicide less than two weeks after he was fired and days before two groups totaling 2,500 women filed multimillion-dollar class-action lawsuits against the hospital over his conduct.

Baltimore City Circuit Court Judge Sylvester B. Cox has yet to rule on whether to award the plaintiffs’ class counsel their requested 35 percent in attorneys’ fees after hearing arguments in October.