Case details

Psychologist terminated after reporting alleged violations: suit

SUMMARY

$1000000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anxiety, depression, emotional distress, mental, psychological
FACTS
On Aug. 9, 2010, plaintiff Melody Jo Samuelson, a psychologist, was terminated from her position at Napa State Hospital in Napa. Samuelson claimed she was terminated in retaliation for complaining that the hospital’s trial competency procedures did not comply with the applicable standard of care and statutes. The State Personnel Board later reinstated her employment with the hospital and granted her back pay. Samuelson sued the California Department of Mental Health (now known as the California Department of State Hospitals), Dr. Jim Jones, Dr. Deborah White and Dr. Nami Kim. Samuelson alleged that the defendants’ actions constituted whistleblower retaliation in violation of the California Labor Code § 1102.5 and the California Government Code §§ 8547.3(c) and 8547.8(c). Samuelson claimed that after she complained about that the hospital’s trial competency procedures, the defendants retaliated against her by suspending her privileges, subjecting her to peer review proceedings conducted in violation of medical staff bylaws, and terminating her employment. Defense counsel contended that Samuelson did not report any violations of statute, as required by the applicable Labor and Government Code statutes. Counsel also contended that the defendants had separate and independent reasons for their adverse employment actions, such as Samuelson’s testimony at a competency hearing, which the defendants claimed constituted perjury., Samuelson claimed she worked at the hospital since 2006, but the defendants’ actions prior to her termination caused her to be unable to open a private practice starting in January 2009, which resulted in lost income. Samuelson also claimed she suffered from depression and anxiety as a result of the defendants’ actions.
COURT
Superior Court of Napa County, Napa, CA

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