Facts

Plaintiff Ani Chopourian, age 45, worked as a Cardiac Surgery Physician Assistant in the Cardio Vascular Operation Department of Catholic Healthcare West's ("CHW") Mercy General and Mercy San Juan Hospitals. Chopourian worked for the hospital from August 2006 until her termination on August 7, 2008. Cardiac Surgery Physician Assistants work with heart surgeons during open heart surgery by harvesting vein/artery, positioning of the heart, retraction of sternum, and providing other assistance in support of cardiac surgery procedures. Chopourian holds an undergraduate degree from UCLA, a Masters of Architecture from UCLA, and a Masters of Medical Science from Yale University Medical School, Physician Associate program.

PLAINTIFF'S CONTENTIONS:
During her employment and on a daily basis, plaintiff endured sexually inappropriate behavior in and out of the operative suite. Outside of surgery, male coworkers made repeated unwelcome and crude sexual advances and propositions. Vulgarity, obscene facial gestures, buttocks slapping, objectification of women and trash talk were daily occurrences frequently in front of or involving managers of the department. During open heart surgery in the Operative Suite unwelcome sexual behavior was a daily occurrence for a prominent heart surgeon whose daily salutation was "I'm horny." In addition to detailed reports concerning lack of sex with his wife, this heart surgeon regularly discussed his sexual adoration of coworkers and pop stars including Shania Twain and Ashley Judd. Witnesses confirmed a Harvard educated heart surgeon also made frequent inappropriate references to women's breasts and had a particularly misogynist attitude concerning females including pop star Rihanna, who according to this Harvard surgeon, "got what she deserved" after she was brutally beaten by pop star Chris Brown. An assistant surgeon also bantered about sex with pop stars and coworkers. According to witnesses, the assistant surgeon spoke frequently of his sexual exploits and affinity for prostitutes. Other medical staff members made frequent sexually inappropriate jokes and comments, sometimes, when patients were "crashing" during surgery.

During her two year employment in cardiac surgery, plaintiff submitted 18 written complaints concerning patient safety, employee safety, abuse of women and hospital conditions. Numerous other reports were orally conveyed to management. In brief, plaintiff reported distinct factual circumstances including failure to provide assistant surgeon (Title XXII Cal. Reg. Requirement), unnecessary vein harvest, unnecessary broken ribs, torn veins, torn heart, needle stick, dropped radial artery, intimidation, humiliation and other verbally abusive treatment, in particular by a heart surgeon educated at the prestigious Columbia University. In addition, plaintiff complained about the failure to provide sufficient meal breaks and rest breaks in violation of state law. Plaintiff's final complaint was stamped received by the human resources department less than one week prior to her termination. Under California whistleblowing law, any negative employment action is presumed retaliatory if made with 120 days of the adverse employment action.

Plaintiff contended she was hired as a "non-exempt" physician assistant to be provided a meal break within the first six hours of employment. Plaintiff testified that the hospital frequently failed to provide her meal break and 10 minute rest breaks as required by law.

DEFENDANT'S CONTENTIONS:
Defendant claimed no harassment occurred and that all appropriate remedial measures were taken to prevent the harassment.

Defendant claimed to have only received some of the written complaints. Moreover, defendant claimed plaintiff was actually terminated for not being a team player in that she allegedly slept in the break room, insisted on lunch breaks, showed up late for work and failed to report while on-call the weekend after submitting her final written complaint.

Defendant contended that plaintiff was exempt from compliance and/or that she signed a meal waiver.

Injuries

Plaintiff claimed severe emotional distress before and after her termination of employment. The severe emotional distress caused significant and appreciable interference with her enjoyment of life, including sleep disorder, nightmares, digestive problems, depression, anxiety, and premature menopause. In addition, plaintiff contended that her reputation had been reduced to the point of complete inability to find or maintain employment. Plaintiff contended that her reputation was severely harmed by false statements concerning her veracity, professional judgment and commitment to patient confidentiality. Plaintiff claimed she lives on food and monetary donations while she continues to look for employment.

Result

The jury unanimously decided Chopurian was subject to a hostile work environment, retaliation for protected workplace complaints, defamation and intentional interference with economic advantage. The jury found 368 meal period violations, 200 rest period violations and provided a finding that failure to provide breaks was willful. The jury awarded $167,730,488 to Chopurian on her claims, which included $549,360 for past lost earnings, $3,181,128 for future lost earnings, $39,000,000 for non-economic damages, and $125,000,000 for punitive damages.

Deliberation

three days

Poll

12-0

Length

11 days