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Employment Law
Wrongful Termination
Whistleblower, Retaliation

Melody Jo Samuelson v. California Dept. of Mental Health, James Jones, Nami Kim, Deborah White

Published: Mar. 29, 2014 | Result Date: Feb. 21, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 26-57631 Verdict –  $1,000,000

Court

Napa Superior


Attorneys

Plaintiff

Kirk B. Freeman

Matthew A. Mallet


Defendant

Michael Gowe

David Pai
(California Department of Justice)


Experts

Plaintiff

Aurelio Campos
(medical)

Randy Sugarman
(technical)

Randy Otto
(technical)

Defendant

Thomas Grisso
(technical)

John Riley
(Office of the City Attorney) (technical)

Facts

Melody Samuelson sued the California Dept. of Mental Health.

Contentions

PLAINTIFF'S CONTENTIONS:
According to Samuelson, she was a psychologist at a California state hospital, and complained that she thought the hospital's trial competency evaluation procedures did not comply with necessary guidelines. She claimed that the hospital then retaliated against her, first by suspending her privileges, and then by forcing her to go through a peer review process that violated medical staff bylaws. The hospital eventually terminated her employment entirely, but the State Personnel Board reinstated her. However, even after her reinstatement, she claimed that she suffered from emotional distress and lost income.

DEFENDANT'S CONTENTIONS:
The hospital claimed that Samuelson never made a formal whistleblowing complaint, and that it never retaliated against her for her criticisms of the system. Instead, the hospital disciplined Samuelson because of testimony she gave at a competency hearing.

Damages

Samuelson sought $1.2 million in past lost earnings and $1.3 million for future lost earnings.

Injuries

Plaintiff suffered anxiety and depression.

Result

The jury awarded Samuelson a total of $1 million.


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