Michael Crichton’s widow claims Noah Wyle’s ‘The Pitt’ is a rip-off of ‘ER’

Michael Crichton’s widow filed a lawsuit Tuesday alleging that the upcoming series “The Beat” starring Noah Wyle is an unlicensed remake of “ER.”

The lawsuit accuses producer John Wells of “personal betrayal,” alleging that he and Wells turned to “The Beat” after the Crichton family blocked their plans to remake “ER,” and subsequent negotiations collapsed. Both series are hospital productions, with “ER” set in Chicago and “The Beat” in Pittsburgh.

“The Pitt is ER,” The lawsuit states that“It’s not like ER. It’s not some kind of ER. It’s not some kind of ER. It’s ER with the same executive producer, writer, star, production companies, studio and network as the planned ER reboot.”

The pilot episode of “ER” was adapted from a script Crichton wrote in 1974, which was based on his own experiences as a medical student. He was credited as the creator of the show, which ran for 15 seasons on NBC. Crichton died in 2008.

According to the complaint, Wells, a longtime producer on “ER,” began developing a new version of “Max” in 2020. R. Scott Gemmell, who executive produced several subsequent seasons of “ER,” was hired as a producer on the new series.

Crichton’s widow, Sherry, alleges that in November 2022, Welles paid her a “courtesy visit” to inform her that Warner Bros. would soon announce a reboot of the series. According to the lawsuit, Warner Bros. offered to honor Crichton’s contribution to the original series, but declined to enter into negotiations over actual credit.

She responded by asserting that Crichton’s estate had “frozen rights” to approve any remake of the series. In subsequent negotiations, she said she was promised that either Crichton would receive credit for “making it” or the estate would receive a $5 million guarantee. However, those terms were eventually withdrawn and talks broke down, according to the lawsuit.

She alleges that Welles, Whale, and Warner Bros. then produced the same show under a new name, cutting Crichton’s estate out of the deal.

“Instead of giving Crichton the credit he deserves as ‘created by,’ defendants will pretend that their reboot was not his creation at all, thereby enriching themselves to the tune of millions of dollars—possibly
Hundreds of millions or several billion dollars in success – and depriving the Crichton heirs of
“A legitimate share,” the lawsuit alleges.

“The Pitt” was announced in March and is expected to premiere on Max sometime next year. The lawsuit alleges that Wyle reprises his role as Dr. John Carter from “ER,” but under a different name.

The lawsuit alleges that there are many other similarities between the two shows, including setting, pacing, structure, character traits, and themes.

“If Warner Bros. can do this to Michael Crichton, one of the industry’s most successful and prolific creators who has made the studio billions of dollars during their partnership, no creator is safe,” a spokesperson for Sherry Crichton said in a statement. “While litigation is not the preferred course of action, contracts must be enforced, and Michael Crichton’s legacy must be protected.”

The lawsuit seeks an injunction to prevent Warner Bros. from violating Crichton’s contract, as well as punitive and compensatory damages.

Warner Bros. has yet to respond. Sherry Crichton is the trustee of a family trust set up to benefit the author’s two children. The trust is represented by Robert Kliger of Houston Hennigan.