Facts

Luke Romero, M.D., sued County of Santa Clara dba Santa Clara Valley Medical Center, Fritz Moritz, M.D., Alfonso Banuelos, M.D., Dolly Goel, M.D., Adella Garland, M.D., and Bridget Phillips, M.D., in connection with a workplace dispute.

Dr. Phillip and Dr. Moritz are the current and former Chairs of the anesthesia department, and Dr. Banuelos, Dr. Goel and Dr. Garland are members of the medical center's administration.

PLAINTIFF'S CONTENTIONS:
: Dr. Romero is an anesthesiologist that was employed at Santa Clara Valley Medical Center since 1999. Dr. Romero contended that he was discriminated and retaliated against after he complained about a colleague's care of three obstetric patients, and had been subjected to homophobic slurs at the workplace by the then acting vice chair of the anesthesia department. However, his complaints to the administration were largely ignored. Dr. Romero claimed that after this complaint, he was subjected to "sham" peer reviews in which other colleagues allegedly unfairly criticized his treatment of patients. Dr. Romero also alleged that the county retaliated against him by investigating whether he breached confidentiality laws by accessing a medical chart for a patient he did not treat, and whether he disclosed confidential discussions of the peer-review committee.

Plaintiff alleged that the hostile work environment that that person created escalated to an actual incident of physical violence, bullying, and verbal abuse. Plaintiff claimed the administration did nothing, allowing the abuse to continue. Plaintiff then reported the hospital's failure to investigate the vice chair's homophobic conduct to the Equal Opportunity Division. Because of that report, defendant Dr. Moritz reprimanded plaintiff and denied him promotions in the department.

Other acts of retaliation included, among other things, a presentation made by Dr. Mortitz using plaintiff as an example of a pattern of unprofessional behavior and failures to provide quality care. Defendants then declined to complete his re-credentialing despite numerous, glowing letters of recommendation. Defendants then suspended his staff membership and medical privileges before they even expired and while he was on medical leave. Ultimately, defendants terminated him on Dec. 3, 2012.

Plaintiff asserted causes of action for retaliation under the Fair Employment and Housing Act, Health & Safety Code Section 1278.5, 42 U.S.C. Section 1983, and Labor Code Section 1102.5, constitutional invasion of privacy, slander per se, intentional infliction of emotional distress, discrimination-disparate treatment, discrimination-hostile work environment, wrongful termination, failure to accommodate, failure to engage in an interactive process, and disability discrimination.

DEFENDANTS' CONTENTIONS:
Defendants contended that the allegedly "homophobic" remark had been made by a coworker in 2003. Defendants contended that Dr. Romero went on leave before he could be interviewed about the conduct the county was investigating him for and refused to discuss the issues while on leave, although other witnesses corroborated his breaches. The county released Dr. Romero from employment when did not return to work following a one-year leave of absence.

Dr. Romero's harassment and discrimination complaints were investigated by the county's Equal Opportunity Dept. and not sustained. Dr. Romero's colleague denied making the comment. The colleague had also challenged Dr. Romero's care of the same three obstetric patients immediately after the care was rendered which was two months before Dr. Romero complained. Dr. Romero's allegations regarding patient care and peer review were also investigated by members of his department as well as an outside anesthesiologist, and found to be without merit.

Result

The jury rendered a unanimous defense verdict for the city and the remaining two defendants.

Other Information

Initially, plaintiff was joined in his lawsuit by two coworkers, who later voluntarily dismissed their claims. Plaintiff voluntarily dismissed Dr. Banuelos from the lawsuit prior to trial, and Dr. Goel and Dr. Garland were dismissed by the court following in limine motions.

Deliberation

4.5 hours

Length

eight days