The following is from KNX News 97.1FM via Audacy.com.
A jury has awarded $41.49 million to a former nurse who said Kaiser Foundation Hospitals and Kaiser Foundation Health Plan Inc. retaliated against her for complaining about patient safety and quality of care and fired her in 2019 over a minor policy violation.
The Los Angeles Superior Court panel on Monday granted Maria Gatchalian $11.49 million in compensatory damages, including $9 million for the emotional distress, plus $30 million in punitive damages.
“Maria had the courage to speak up about patient safety but Kaiser tried to silence her,” plaintiff’s attorney David deRubertis said. “This diligent jury spoke in a loud and clear voice telling Kaiser that it needs to put patients over profits. We hope this verdict will get Kaiser to focus more on patient safety and quality of care and less on the business of medicine.”
Gatchalian worked for the Woodland Hills Kaiser Permanente Hospital since 1989, first as an NICU registered nurse, then as a Neonatal Intensive Care Unit charge nurse following her promotion in 2006.
In their court papers, Kaiser attorneys maintained that the 30-year employee admitted that in 2019 she took off her shoes and socks and placed her bare feet on an isolette, a medical device that holds sick or premature newborn babies. The defense attorneys included a photo of Gatchalian doing so in their court papers.
“Plaintiff’s conduct was unacceptable, made even more so by the fact that she was a charge nurse, a leader of the nursing team and a long-term employee who knew better,” Kaiser lawyers stated.
Having lost confidence in Gatchalian, Kaiser “made the difficult decision to terminate her employment” in 2019, according to the defense lawyers’ court papers.
But according to the suit filed in April 2021, Gatchalian raised repeated concerns to management about quality of care and patient safety, mostly stemming from Kaiser’s alleged understaffing. Multiple witnesses said during trial that the facility was undermanned.
Gatchalian maintained that Kaiser management repeatedly discouraged her from submitting formal complaints through the normal process, which her attorneys maintained was done so Kaiser could avoid conducting an investigation and taking corrective action.
The plaintiff’s lawyers further maintained that Kaiser placed the value of profits ahead of patient well-being.
Link to story here.
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[…] reading Nurse wins $41 million in retaliation suit on […]
I think that most all hospitals behave in the same way. They only care about profits. It’s sad….
I think that most all hospitals behave in the same way. They only care about profits. It’s sad….
Yes, we should be complaining about hospitals focusing on profits.
And then there’s this ruling- 41 MILLION DOLLARS?
Whose attorneys were focusing on punitive profiteering here?
Excessive amount of money, which will be distributed to the legal team, and then there are the TAXES that will flow into the state and local coffers.
A ridiculous sum of money for damages, which will also serve to drive up health care costs to everyone.
Yes, we should be complaining about hospitals focusing on profits.
And then there’s this ruling- 41 MILLION DOLLARS?
Whose attorneys were focusing on punitive profiteering here?
Excessive amount of money, which will be distributed to the legal team, and then there are the TAXES that will flow into the state and local coffers.
A ridiculous sum of money for damages, which will also serve to drive up health care costs to everyone.
A verdict is one thing. Surviving appeals is another and actually getting paid is the finish line. How many years will all that take?
A verdict is one thing. Surviving appeals is another and actually getting paid is the finish line. How many years will all that take?