September 25, 2018

September 25, 2018

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September 24, 2018

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Missouri Court of Appeals Upholds $1.5 Million Whistleblower Jury Verdict

On January 22, 2018, the Missouri Court of Appeals upheld a jury verdict awarding approximately $1.5 million in damages to a radiation oncologist after finding that she had been constructively and wrongfully terminated in violation of Missouri law (specifically, “Missouri public policy”) in retaliation for reporting alleged instances of substandard medical treatment and fraud. Kim v. Mercy Clinic Springfield Communities, Case Nos. SD34547 & SD34561.

Defendant employed Plaintiff as a radiation oncologist from 2006 to 2012. During Plaintiff’s employment, she reported suspected Medicare fraud and violations of patient care standards to Defendant.  Plaintiff claimed that, after raising these concerns, Defendant retaliated against her and ultimately forced her to resign.  Plaintiff filed suit alleging that she had been constructively discharged in violation of Missouri public policy.  The case proceeded to trial and the jury subsequently found that Plaintiff had been constructively discharged in violation of public policy.  The jury awarded her $720,821 in compensatory damages and $800,000 in punitive damages on her wrongful termination claim.  Defendant appealed, contending that the trial court erred in denying its motions for a directed verdict.  The Missouri Court of Appeals denied Defendant’s appeal and upheld the jury’s verdict and award.  The court held that Defendant failed to preserve the issues it raised on appeal.

This sizeable adverse jury verdict highlights the risks that employers may face in trying whistleblowing and retaliation suits to a jury.

© 2018 Proskauer Rose LLP.

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About this Author

Steven J Pearlman, Labor Employment Law Firm, Proskauer Law firm
Partner

Steven Pearlman is a partner in the Labor & Employment Law Department and co-head of the firm's Whistleblowing & Retaliation Group, resident in the Chicago office. Steven’s practice focuses on defending complex employment litigation involving claims of discrimination and harassment, wage-and-hour laws and breaches of restrictive covenants (e.g., non-competition agreements). He has successfully tried cases to verdict before judges and juries in Illinois, Florida and California, and defended what is reported to be the largest Illinois-only class action in the history of the U.S....

312-962-3545
Allison Lynn Martin, Proskauer Rose Law Firm, Labor Employment Attorney
Associate

Allison Martin is an Associate in the Labor & Employment Department, resident in the Newark office.

973-274-6065