[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.