Facts

Defendant Catholic Healthcare West (CHW) owned and operated a number of medical facilities, including defendant Mercy Medical Center Redding. Beginning in 1979, plaintiff Janet Anderson was employed as a registered nurse with Mercy and was promoted in 1986 to the head nurse in the operating room position, known as the OR manager. In 1992, Anderson injured her back while lifting a patient and was subsequently transferred to OR data coordinator. During the course of her position as the OR data coordinator, Anderson provided relief assistance as both the OR manager and the manager of the outpatient surgery center.

On Feb. 10, 2005, Anderson began experiencing allergic reactions and mentioned the reaction the next day in a staff meeting. On Feb. 15, she went to the employee health department to consult with Sandra Anberg, who ordered a blood test to determine sensitivity to latex. Before the results of the test were determined, Anderson met with the director of peri-operative services, Jeanette Smith, and the OR manager, Kirk Williams, who informed Anderson that the OR data coordinator position was being eliminated due to reorganization.

Anderson applied for a position as a circulating nurse on Feb. 25 and began working in the outpatient surgery center. On her application, Anderson noted her 1992 back injury but stated there were no physical restrictions limiting her ability to perform job duties. On March 2, Anderson went to the emergency room after developing a severe case of hives. She was examined by an allergist on March 8 and tests determined her symptoms were due to latex sensitivity. After Anderson experienced another allergic reaction at work on March 11, she discussed the latex allergy with her supervisor, who designated a latex-free area for Anderson to perform in. Anderson also filed a worker's compensation claim.

Subsequently, various doctors who treated Anderson recommended that she be removed from environments with exposure to latex, noting her extreme sensitivity. After an inquiry by Mercy as to Anderson's ability to return to work, she was released to transitional work full-time depending on location, with no exposure to latex products.

CHW was unable to find temporary modified duty positions for Anderson due to the severity of her allergy and specific restrictions preventing her from working anywhere in the hospital, administrative building, or off-site area providing clinical care. After CHW and Mercy were unable to find a position for Anderson because of the restriction, she was terminated from employment.

Anderson filed suit against CHW and Mercy, contending that her position as the OR data coordinator was unlawfully eliminated and alleging that her age was a factor in the elimination and her subsequent termination.

Result

The court rendered a verdict for the defense, finding no evidence Anderson was terminated because of age or disability. CHW was awarded costs of $23,000, including over $11,000 pursuant to CCP 998.

Other Information

Anderson has filed an appeal.