7 latest healthcare industry lawsuits, settlements

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From the U.S. Equal Employment Opportunity Commission suing a Tennessee health system over its flu shot policy to a Montana health system paying $24 million to settle a whistle-blower lawsuit, here are the latest healthcare industry lawsuits and settlements making headlines.

1. EEOC sues Saint Thomas Health over mandatory flu shot policy
The U.S. Equal Employment Opportunity Commission filed a lawsuit against Nashville, Tenn.-based Saint Thomas Health Sept. 28, alleging Murfreesboro, Tenn.-based Saint Thomas Rutherford Hospital violated federal law by ordering an employee to receive a flu shot despite his religious belief

2. Montana hospital pays $24M to settle ex-CFO’s whistle-blower suit
Kalispell (Mont.) Regional Healthcare System and six subsidiaries and related entities agreed to pay the federal government $24 million to resolve allegations they violated the False Claims Act, Stark Law and the Anti-Kickback Statute.

3. DaVita resolves false claims, whistle-blower allegations for $270M
HealthCare Partners Holdings, which does business as DaVita Medical Holdings, will pay $270 million to settle False Claims Act violations and a whistle-blower lawsuit.

4. AmerisourceBergen to pay $625M to settle civil fraud charges linked to repackaging scandal
Drug wholesaler AmerisourceBergen will pay $625 million to resolve allegations that the company improperly distributed tampered and repackaged drugs.

5. Kansas physician awarded $29M in wrongful termination suit
A jury awarded a Kansas emergency physician $29 million for his lawsuit claiming he was wrongfully terminated by the emergency room staffing company he worked for after voicing concerns about the organization’s business practic

6. Disability advocacy firm sues Arizona hospital over access to patients
The Arizona Center for Disability Law filed a lawsuit Sept. 12 against Phoenix-based Arizona State Hospital, claiming hospital officials violated federal law by refusing to provide the center with access to the facility, patients and their records.

7. Louisiana health system stuck in antitrust suit brought by ex-hospital operator, health plan
BRF, a hospital operator in Shreveport, La., and the regional Vantage Health Plan are surging forward with an antitrust lawsuit against Shreveport-based Willis-Knighton Health System, even though BRF left the hospital business Oct. 1.

 

Memorial Hermann hit with $1M retaliation suit by former employee

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A former physician peer review coordinator for Houston-based Memorial Hermann Health System has sued the health system for $1 million, claiming she was fired in retaliation after she refused to reveal confidential information.

In the lawsuit, pending in Harris County (Texas) District Court, Gertrude Johnson alleges that beginning in 2018 Memorial Hermann asked her to reveal confidential and protected information related to the health system’s surgeons’ peer review grades. She was allegedly asked to disclose the information during “filter committee” meetings, which are open meetings that are not confidential.

Ms. Johnson told several health system officials she believed disclosing the information to the filter committee would violate Texas and/or federal law. Despite her concerns, the health system allegedly required Ms. Johnson to share the information.

Ms. Johnson alleges she was fired in May 2018 for reporting her concerns about disclosing the confidential information. Although health system officials allegedly told Ms. Johnson her position had been eliminated, she claims Memorial Hermann planned to fill her position again in July 2018. Ms. Johnson alleges Memorial Hermann “created a pre-textual basis for the termination to hide its true intent.”

A Memorial Hermann spokesperson told Becker’s Tuesday morning that the health system had not been served with the lawsuit and had no comment on the pending litigation.

 

Calif. hospital to pay 3 former employees $1.7M in harassment suit

http://www.beckershospitalreview.com/legal-regulatory-issues/calif-hospital-to-pay-3-former-employees-1-7m-in-harassment-suit.html

Community Hospital of Long Beach (Calif.) and the former manager of the hospital’s psychiatric unit have been ordered to pay $1.7 million to three ex-employees who alleged they were subjected to sexual harassment and discrimination, according to the Long Beach Patch.

The plaintiffs accused Keith Kohl, RN, who directed the hospital’s psychiatric unit and was employed by Memorial Psychiatric Health Services, of discrimination. The female plaintiffs alleged Mr. Kohl flaunted his homosexuality, creating a hostile work environment. They further alleged he gave preferential treatment to gay males.

In their suit, the plaintiffs argued their employment with the hospital was wrongfully terminated, while the hospital claimed they had been fired for putting a patient in restraints without a physician’s orders and lying during an investigation into the incident.

After nearly three hours of deliberation, the jury issued a verdict in favor of the plaintiffs, finding evidence of sexual harassment, discrimination, failure to prevent harassment and discrimination, wrongful termination, defamation and negligent supervision.