Court Upholds $3.5 Million+ Verdict in Whistleblower Suit Brought by Sleep Center Supervisor
A state appellate court in Illinois affirmed a substantial jury verdict in favor of a former employee of a hospital (the former manager/supervisor of its sleep center), who alleged his employment was terminated in retaliation for him raising concerns about Medicare and Medicaid fraud by the physician selected and retained by the hospital to serve as the medical director of the sleep center (including concerns about the medical director’s free rent and use of supplies bought by the hospital without paying for them, as well as allegations that the medical director was having a PA interpret tests but documenting and billing for them as if the medical director had personally interpreted the tests). Amongst other things, the appellate court held that it was not improper for the jury to award damages for emotional suffering, since emotional damages may appropriately be awarded pursuant to a retaliatory discharge claim even without the plaintiff raising a separate claim for negligent or intentional infliction of emotional distress (or providing medical records to demonstrate the extent of emotional harm). Kaytor v. Southern Illinois Hospital Services
