[DiMarie]

Just saw this in our local paper tonight.

Jury rules in favor of surgeon in discrimination case
By TERRIE MORGAN-BESECKER tmorgan@timesleader.com

WILKES-BARRE – An orthopedic surgeon who claimed Wyoming Valley Health Care System discriminated against him based on his mental illness was awarded $250,000 by a federal jury on Tuesday.

The panel rendered the verdict in favor of Dr. Jonathan Haas late Tuesday afternoon following a six day trial in federal court in Wilkes-Barre.

Haas filed suit against the health care system in 2003, alleging officials violated the Americans with Disabilities Act when they refused to reinstate his operating privileges.

Haas, who has been diagnosed with bipolar disorder, relinquished his privileges after he suffered a psychiatric episode while performing a total knee replacement on May 23, 2001, according to court documents. Haas obtained psychiatric help and the hospital agreed to reinstate him, but only under the condition he be supervised by a fellow orthopedic surgeon for a period of six months.

The Americans with Disabilities Act requires an employer to make reasonable accommodations for employees who suffer from certain disabilities, including mental illness.

The health care system maintained its actions were motivated by concerns for patient safety. But Haas’ attorney, Kimberly Borland of Wilkes-Barre, argued the conditions placed upon Haas were unreasonable, resulting in him being “banished” from practicing in the community.

“The jury’s verdict is a victory not only for Dr. Haas but for all persons who have disabilities in their lives and struggle to overcome the effects of labeling by organizations which exercise tremendous power over them,” Borland said in a written statement. “His efforts have now served the untold hundreds in our community who suffer in silence from this kind of stereotyping.”

In a prepared statement released Wednesday, the health care system said it is “disappointed and quite shocked” by the verdict.

“Wyoming Valley Health Care System accepted and followed the recommendation of two physician committees that Dr. Haas needed to be supervised in the operating room …,” the statement said. “While we believed we followed the federal law that protects disabled individuals, we maintain that what we did was appropriate and necessary to protect the safety of our patients.”

The health care system is it is “still considering all legal options” regarding the case.

The jury award compensates Haas, who now practices in Minnesota, for income he lost during the period in which the hospital refused to reinstate him, as well as loss of enjoyment of life and other non-economic injuries.

The health care system is also liable for Haas’ attorney’s fees, which are separate from the jury award. Borland must file a petition for the fees, which will then be decided U.S. District Judge A. Richard Caputo, who presided over the trial.

[bizi]

thanks for posting this....
How are you doing?
(((HUGS)))
bizi

[befuddled2]

Yay for the verdict,

befuddled2

[polarsta]

wow . . . kinda scary . . .glad it turned out the way it did!

www.polartrippin.blogspot.com

[Pamster]

Thanks for posting this DiMarie. I am glad the surgeon won.

[Mrs. Bear]

This article makes me feel better about the world at large.

Thanks D!!

[fiberowendy2000]

WOW! Never thought about Bipolar and the ADA connection. Thanks for the article!

[Nikko]

Thanks for sharing this.

How are you doing??????????????????????


Hugs, Nikko

[DiMarie]

Thanks for the asking all,
I am doing better. It is not perfect, but better. I am on the medication, something with an L, I think. I had cut the dose in half for a few weeks now up to the 10 mg.

I am more focused, not so weepy, not said all day, functioning again.
I get sad when I find pictures of DeAnne as a small child, or our recent vacation in Orlando.......I visit her grave near daily now that the weather broke. I bought a lawn statue from K-Mart that is a kneeling little girl with cats climbing on her lap. It is still snowing up our way and the real flowers her brother placed there for Easter froze.

I am back to work. They have been wonderful. I am surprised how nice everyone has been and the family that are clients that missed me and sad about my loss. They sent me cards and took time to tell me how they were sympathetic to my loss and can't imagine how it hurts. I hope it is not something I am speaking too soon....

I am glad things went well to come back. It pays well, and the family are long time clients I care about. One woman in a separate program from ours, always takes time to chat and share stories. I saw her for the first time since I was back tonight and she was extremely happy to see me. Held me, looked to see a smile, and hugged me several times. That makes my day when people care about me like that.

So while I wish I could have my daughter back....I am living and in a life with the rest of my family that we have to go on..
Her cats have become very close, even the younger Samson comes out now. The middle one Dahlila, sleeps on my chest in the recliner and the older one, Scarlet, sleeps in my bed.

Hate love relationship with my boy cats...LOL, one minute they steal kisses they next fighting like alley cats screaming and all!
Baby steps, one day at a time, and just knowing that things are different then they ever will be again.
Thanks again for asking about me,
Hugs
Dianne

[Mrs. Bear]

I am so greatful that work has been so good to you. Just want to hug you some more!