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Doctor Wins Retaliation Lawsuit against Hospital

By Beth Janicek

A radiation oncologist who previously worked for the University of Pittsburgh Cancer Institute won a potential $3 million verdict on charges that she was retaliated against for raising concerns about discrimination. The jury recommended that Dr. Kristina Gerszten be awarded $1.5 million in back pay and $827,292 in front pay from the University of Pittsburgh Cancer Institute. Those figures are only advisory, and it will be up to U.S. District Judge Arthur J. Schwab to determine the final amount the defendant will have to pay. In addition to back and front pay, the verdict includes an addition $200,000 in compensatory damages, as well as $300,000 in punitive damages.

Dr. Gerszten filed a federal lawsuit in September 2008 alleging that she had been discriminated against because of her gender and retaliated against for making the original complaint to hospital officials. The jury did not find any evidence of sex discrimination, but determined that she was retaliated against when the University of Pittsburgh Cancer Institute failed to hire her as a medical director at both UPMC St. Margaret and its facility in Natrona Heights.

Lawsuits against the employer for retaliatory discharge are often difficult cases. Employees who lose their job for the wrong reasons quickly discover that most laws are written against them. Fortunately, Dr Gerszten was able to hold the hospital accountable. We want to encourage people to report suspected wrongs such as discrimination without fear of repercussions.

Originally posted at InjuryBoard by Beth Janicek

Full post as published by San Antonio Personal Injury Lawyer on December 01, 2009 (boomark / email).