Green v. Springfield Med. Care Sys., Inc. (Summary)

WHISTLEBLOWER RETALIATION

Green v. Springfield Med. Care Sys., Inc., No. 5:13-cv-168 (D. Vt. June 24, 2014)

The U.S. District Court for the District of Vermont denied a nurse anesthetist’s motion for summary judgment, and denied in part and granted in part a hospital’s motions for summary judgment, holding that the question of whether the hospital terminated the nurse anesthetist in retaliation for reporting concerns about improper patient care practices was a question for a jury. Plaintiff, the nurse anesthetist, was an employee of defendant, the hospital. Over a two-year period, the nurse anesthetist reported three different co-workers to the hospital regarding what he perceived to be improper patient care. Additionally, the nurse anesthetist threatened to report these individuals to the Vermont Medical Board.

During this two-year period, the hospital experienced a decline in its surgical volume. Accordingly, as a result of cost-saving measures, the hospital terminated the nurse anesthetist’s employment. The nurse anesthetist brought suit claiming he was terminated in retaliation for reporting and threatening to report the alleged improper patient care. The court held that summary judgment for the hospital was inappropriate because even though the hospital had offered a legitimate business reason, a decline in surgical volume, for the nurse anesthetist’s termination, a jury could reasonably find that this reason was a pretext for his whistleblowing.