Facts

During the last year of her 15-year employment with ValleyCare Health Systems, plaintiff Kristeen Klaas made several complaints regarding patient safety and what she deemed to be "serious and significant infection control issues." Specifically, Klaas complained about an employee bringing a dog into the break room outside the operating department, that a tip of a surgical instrument went missing during a surgery, and that an instrument was retained in a patient because the hospital did not have an instrument count policy in place. Klaas made these and other complaints in 2007 and 2008.

On May 19, 2008, Klaas wrote a letter to ValleyCare's top administrators, including Chief Executive Officer Marcy Feit and Chief Operating Office Cindy Noonan. In this letter, Klaas discussed her prior complaints regarding what she deemed "serious and significant infection control issues." Klaas also reported that her supervisor, Director of Surgical Services Carol Falcon, had forged her signature on a performance evaluation in order to appear in compliance with State regulations in anticipation of a State investigation. In this letter, Klaas requested that she be rehired by ValleyCare.

ValleyCare administrators Chief Operating Officer Cindy Noonan and Vice President of General Services Vern Brown met with Klaas on June 16, 2008 and subsequently determined that Klaas would not be rehired.

PLAINTIFF'S CONTENTIONS:
According to plaintiff, in May 2008, Klaas reported off work and went home because she wasn't feeling well, at which time her supervisor called her at home and accused Klaas of walking off the job without permission. Klaas resigned over these accusations, but continued her role as a patient advocate even after the end of her employment.

Klaas alleged that she was retaliated against by ValleyCare for making complaints regarding patient safety issues in violation of California Health and Safety Code Section 1278.5, and retaliated against for her refusal to engage in the unlawful activity of backdating the performance evaluation, in violation of California Labor Code Section 1102.5.

According to plaintiff, both Noonan and Brown acknowledged that they were of numerous patient safety complaints made by Klaas.

DEFENDANT'S CONTENTIONS:
According to the defense, in May 2008, Klaas had a disagreement with a coworker and left the hospital during her shift, without permission, after accepting her surgical assignment. Klaas requested that her supervisor call her. When her supervisor called her, Klaas resigned without explanation. Defendants claimed that it did not subsequently rehire plaintiff because of this incident.

Result

A jury awarded Klaas $344,198 in damages against her former employer, ValleyCare Health Systems ($44,198 in economic damages and $300,000 in punitive damages).

Other Information

FILING DATE: Sept. 10, 2008.

Deliberation

four days

Length

four weeks