818f150 Posted March 2, 2012 Share Posted March 2, 2012 http://www.latimes.com/news/local/la-me-harassment-award-20120302,0,1798285.story Ani Chopourian told of sexually inappropriate conduct, bullying and retaliation at a Sacramento hospital. The award is believed to be the largest for a single victim of workplace harassment in U.S. history. By Carol J. Williams, Los Angeles TimesMarch 2, 2012, 12:11 a.m. Ani Chopourian lost track of how many complaints she filed during the two years she worked as a physician assistant at Sacramento's Mercy General Hospital. There were at least 18, she recalled, many having to do with the bullying surgeon who once stabbed her with a needle and broke the ribs of an anesthetized heart patient in a fit of rage. Another surgeon, she said, would greet her each morning with "I'm horny" and slap her bottom. Yet another called her "stupid chick" in the operating room and made disparaging remarks about her Armenian heritage, asking if she had joined Al Qaeda. Managers from Mercy General, a unit of Catholic Healthcare West, told a Sacramento trial court that it was Chopourian who was guilty of professional misconduct, which was why they fired her and tried to deny her unemployment benefits. Photo: Physician assistant wins case But in a stunning rebuke of the hospital's side of the story, a jury Wednesday awarded Chopourian $168 million in damages, believed to be the largest judgment for a single victim of workplace harassment in U.S. history. "They were just shocked by the whole workplace environment," said Lawrance Bohm, Chopourian's attorney during the three-week trial in which witness after witness depicted a culture of vulgarity and arrogance they said humiliated female employees and put patients at risk. Chopourian, 45, worked at four other hospitals in New England and California before joining the cardiovascular surgical team at Mercy General in August 2006. Two years later, she was fired days after filing the last of her complaints about patient care and the doctors' demeaning behavior. Preening cardiac surgeons and locker-room humor weren't unique to the Sacramento hospital's operating rooms or those at another Catholic Healthcare West facility where she occasionally worked, Chopourian said in an interview. "But the environment at Mercy General, the sexually inappropriate conduct and the patient care issues being ignored, the bullying and intimidation and retaliation —– I have never seen an environment so hostile and pervasive," said the Los Angeles native, who earned her physician assistant credentials at the Yale School of Medicine in 1999. The jurors in U.S. District Judge Kimberly J. Mueller's courtroom heard hospital administrators defend their management practices and attest to unwavering commitment to quality patient care. But the litany of abuses detailed by current and former employees apparently swayed the jury to accept Chopourian's allegations that administrators put up with gross misbehavior in the cardiac unit to stroke the surgeons' outsize egos. "Cardiac surgery brings in the most money for any hospital facility, which is why they are willing to turn a blind eye to illegal and inappropriate behavior," Chopourian said. "We had four very strong witnesses who were frightened to speak out but did so because they felt it was important that someone put a stop to this." Bohm conceded that the record judgment — $125 million in punitive damages and $42.7 million for lost wages and mental anguish — could be reduced on appeal or in settlement talks to avoid what would probably be a protracted challenge to the generous award. But he said he was confident the jury's judgment against the hospital chain would survive appellate review. Mercy General President Denny Powell said the hospital stood by its decision to fire Chopourian and would appeal the verdict. "We are disappointed by the jury's decision. We are committed to providing a safe working environment, free from sexual harassment and inappropriate behavior," Powell said in a statement issued Thursday. "Any complaint is thoroughly investigated and prompt action is taken. We do not believe that the facts support this verdict or judgment." Catholic Healthcare West, which recently changed its name to Dignity Health, operates 40 hospitals and care centers in California, Arizona and Nevada. carol.williams@latimes.com http://www.latimes.com/news/local/la-me-harassment-award-20120302,0,1798285.story Link to comment Share on other sites More sharing options...
Monkeyball Posted March 2, 2012 Share Posted March 2, 2012 Good for her for pursuing the matter! I haven't personally encountered something like this but as someone who's interested in CT surgery when graduating next year, I'm curious as to how common this sort of behavior is in the OR? A friend of mine (nursing student) who rotated through the OR described a very similar environment (at a prominent hospital no less) where the surgeon was verbally abusive to the staff. She said it was horrifying to watch as the staff simply tried to "laugh it off." Maybe I should reconsider specialties as I would find myself in the parking lot with the surgeon for a "few words" afterwards. Link to comment Share on other sites More sharing options...
Moderator ventana Posted March 2, 2012 Moderator Share Posted March 2, 2012 It is great to have this judgement - but is sickens me that the amount it so high - non-punitive judgements in this range is just crazy (punitive judgements are fine with me as big corporations only listen to the almighty dollar). Sounds like a totally horrible work place but I would happily subject myself to this the 42.7 MILLION dollar payout that she might get - yes they will probably appeal, but come on she is set for life if she gets even 1/10 of this. Tort reform on all levels seems to be needed at judgements like this. Personally I would rather see each person that harrassed her have to write and read an appology letter to her - have to attend sensitvity training, and have to personally pay her restitution i.e. the surgeon would have to pay one years salary to her. Then they would get the idea.... Link to comment Share on other sites More sharing options...
Administrator rev ronin Posted March 2, 2012 Administrator Share Posted March 2, 2012 It needed to be this high to change the game, Ventana. If it costs $100,000 a year in harassment costs to retain a surgeon who brings in $10,000,000 of business, there is no question: doing the ethically proper thing and stopping the harassment is financially irresponsible. This is a blow against surgeon arrogance everywhere, because you know every hospital CEO, CFO, and chairman will know of this lawsuit and award in the next day or two, and all of them will begin asking their key people "How do we make sure that never happens here?" Link to comment Share on other sites More sharing options...
Moderator ventana Posted March 2, 2012 Moderator Share Posted March 2, 2012 I am okay with punitive (reread my post and it says that) but it seems that the actual aware of almost 50million is just a joke as it is to high where does the monies for malpractice (granted a different thing) come from? insurance premiums and us - why is 2 years of a bad work place worth 42 million dollars - like I said sign me up and I will subject myself to abuse for 42 million for 2 years of suffering. I REALLLY think the the indiviual doc's should have to pay out of their own pockets and then they will get it! Link to comment Share on other sites More sharing options...
LIPPER Posted March 3, 2012 Share Posted March 3, 2012 So....is there still an opening for a CV PA at Mercy General ? ;) Link to comment Share on other sites More sharing options...
CAdamsPAC Posted March 4, 2012 Share Posted March 4, 2012 As usual....."The Suits" side with physicians even when they are wrong, (OMG could a physician ever be wrong?)when a PA speaks up THEY must be the problem! Having worked with abusive high handed physicians (mostly surgeons) I know exactly what she went through. The big issue in my mind is, why in this century and litigious climate why is this behavior protected and tolerated by hospitals?????Two words........... Ca-Ching , money! No PA, should ever think that hospital administration will support them, even if there is no doubt that they are correct in their assertions of wrongdoing by physicians!! I don't know when or how this type of behavior or attitudes can be stopped before reaching the court room. Personally I think a call to the police the first time her rear was touched may have brought things to a screeching halt! I doubt our professional organizations can or will help, but I think that we PAs collectively can make it a point to encourage other PAs to not seek employment at Mercy General and actively help PAs employed there find other employment. We can also let our friends and families know how this PA was treated and encourage them to not use the services of the physicians or the hospital! I will be posting this link on Facebook page ,so my 300+ friends coast to coast can read it and spead the word. Money is what really counts to these people so that is where they need to be hurt! Link to comment Share on other sites More sharing options...
Joelseff Posted March 4, 2012 Share Posted March 4, 2012 My buddy just got hired there in the ED....i'll make sure to tell him to wear something skimpy..... Sent from my myTouch_4G_Slide using Tapatalk Link to comment Share on other sites More sharing options...
KMD16 Posted March 4, 2012 Share Posted March 4, 2012 Most surgeons thinks they're God's send! Link to comment Share on other sites More sharing options...
paprospect24 Posted March 4, 2012 Share Posted March 4, 2012 My buddy just got hired there in the ED....i'll make sure to tell him to wear something skimpy..... Sent from my myTouch_4G_Slide using Tapatalk this made me chuckle Link to comment Share on other sites More sharing options...
CAdamsPAC Posted March 4, 2012 Share Posted March 4, 2012 My buddy just got hired there in the ED....i'll make sure to tell him to wear something skimpy..... Sent from my myTouch_4G_Slide using Tapatalk It's Cali , isn't that expected? ;-) Link to comment Share on other sites More sharing options...
Cideous Posted March 6, 2012 Share Posted March 6, 2012 When in doubt file a lawsuit. The American way. Link to comment Share on other sites More sharing options...
Joelseff Posted March 6, 2012 Share Posted March 6, 2012 When in doubt file a lawsuit. The American way. Well, to be fair, according to the article, there was a clear indication these docs were harassing this lady. Although I think 168M is egregious. She wasn't raped or lost a limb or anything...even the 42.7M for lost wages, how much did she make per annum?????? We do live in a litigious society and opportunistic people see that as a payday but this seems like a real harrassment case. I just dont agree with the award. Link to comment Share on other sites More sharing options...
Cideous Posted March 6, 2012 Share Posted March 6, 2012 If it was proven to be true then the docs should of had their licenses suspended for 6 months and placed on harassment probation. $168 million is a joke and exactly the reason our society is circling the drain while lawyers continue to just get richer, but by all means I'm sure she is scarred for life in a way that only $168 million can cure........... Link to comment Share on other sites More sharing options...
Joelseff Posted March 6, 2012 Share Posted March 6, 2012 Good poibt re: their licenses i totally missed that...my eyes were bleeding from the 168m Sent from my myTouch_4G_Slide using Tapatalk Link to comment Share on other sites More sharing options...
CAdamsPAC Posted March 7, 2012 Share Posted March 7, 2012 "The Suits" @ her hospital were completely focused on the money the CT Docs were bring into the hospital. While I too say the amount was out of proportion to her loses, it has gotten the attention of a heck of a lot hospital administrators and physicians thinking about blowing off the complaints or concerns of their non-physician staff. How much would it take to give you relief from being trashed by docs and the hospital management? What do you think it would take to make the offending people listen to your concerns? It's a matter of respect they chose to deny her that, and it came back to bite them in the butt. Link to comment Share on other sites More sharing options...
CDHart Posted March 7, 2012 Share Posted March 7, 2012 I have worked in the Mercy General CVICU as an RN for 7 years, and my first position out of school is with these same physicians. I don't want to speak out of school, and of course I am not privy to all the details, but there are two sides to every story. I have nothing but respect for the surgeons, PAs, and all the staff involved in the patient care at MGH, though a rule I'm not fond of administrators anywhere. I will point out that A) news organizations get more readers by focusing on sensationalism/salacious details and B) 168 million is "murdered your baby in front of you" money. Link to comment Share on other sites More sharing options...
Cideous Posted March 7, 2012 Share Posted March 7, 2012 All the PA's cheering this decision need to remember that these same lawyers will have you on the stand in a second telling the court what an awful and incompetant provider you are when your next patient decides they don't like the outcome of their visit and decide to sue you. A jury just like that will be deciding how much YOU are liable for. With 168 mil she won't have to worry about sexual harassment again.....she will never have to work again. She won the "Litigious lottery".... Link to comment Share on other sites More sharing options...
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