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California physician assistant wins $168 million in harassment suit

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  • California physician assistant wins $168 million in harassment suit

    California physician assistant wins $168 million in harassment suit
    Ani Chopourian told of sexually inappropriate conduct, bullying and
    retaliation at a Sacramento hospital. The award is believed to be the
    largest for a single victim of workplace harassment in U.S. history.


    "I have never seen an environment so hostile and pervasive," said
    physician assistant Ani Chopourian of her experience at Sacramento's
    Mercy General Hospital, where she worked two years before being
    fired. (News 10 / March 2, 2012) ALSO

    By Carol J. Williams, Los Angeles Times
    March 2, 2012, 12:11 a.m.


    Ani Chopourian lost track of how many complaints she filed during the
    two years she worked as a physician assistant at Sacramento's Mercy
    General Hospital.

    There were at least 18, she recalled, many having to do with the
    bullying surgeon who once stabbed her with a needle and broke the ribs
    of an anesthetized heart patient in a fit of rage. Another surgeon,
    she said, would greet her each morning with "I'm horny" and slap her
    bottom. Yet another called her "stupid chick" in the operating room
    and made disparaging remarks about her Armenian heritage, asking if
    she had joined Al Qaeda.

    Managers from Mercy General, a unit of Catholic Healthcare West, told
    a Sacramento trial court that it was Chopourian who was guilty of
    professional misconduct, which was why they fired her and tried to
    deny her unemployment benefits.

    But in a stunning rebuke of the hospital's side of the story, a jury
    Wednesday awarded Chopourian $168 million in damages, believed to be
    the largest judgment for a single victim of workplace harassment in
    U.S. history.

    "They were just shocked by the whole workplace environment," said
    Lawrance Bohm, Chopourian's attorney during the three-week trial in
    which witness after witness depicted a culture of vulgarity and
    arrogance they said humiliated female employees and put patients at
    risk.

    Chopourian, 45, worked at four other hospitals in New England and
    California before joining the cardiovascular surgical team at Mercy
    General in August 2006. Two years later, she was fired days after
    filing the last of her complaints about patient care and the doctors'
    demeaning behavior.

    Preening cardiac surgeons and locker-room humor weren't unique to the
    Sacramento hospital's operating rooms or those at another Catholic
    Healthcare West facility where she occasionally worked, Chopourian
    said in an interview.

    "But the environment at Mercy General, the sexually inappropriate
    conduct and the patient care issues being ignored, the bullying and
    intimidation and retaliation -- I have never seen an environment so
    hostile and pervasive," said the Los Angeles native, who earned her
    physician assistant credentials at the Yale School of Medicine in
    1999.

    The jurors in U.S. District Judge Kimberly J. Mueller's courtroom
    heard hospital administrators defend their management practices and
    attest to unwavering commitment to quality patient care.

    But the litany of abuses detailed by current and former employees
    apparently swayed the jury to accept Chopourian's allegations that
    administrators put up with gross misbehavior in the cardiac unit to
    stroke the surgeons' outsize egos.

    "Cardiac surgery brings in the most money for any hospital facility,
    which is why they are willing to turn a blind eye to illegal and
    inappropriate behavior," Chopourian said. "We had four very strong
    witnesses who were frightened to speak out but did so because they
    felt it was important that someone put a stop to this."

    Bohm conceded that the record judgment - $125 million in punitive
    damages and $42.7 million for lost wages and mental anguish - could be
    reduced on appeal or in settlement talks to avoid what would probably
    be a protracted challenge to the generous award. But he said he was
    confident the jury's judgment against the hospital chain would survive
    appellate review.

    Mercy General President Denny Powell said the hospital stood by its
    decision to fire Chopourian and would appeal the verdict.

    "We are disappointed by the jury's decision. We are committed to
    providing a safe working environment, free from sexual harassment and
    inappropriate behavior," Powell said in a statement issued
    Thursday. "Any complaint is thoroughly investigated and prompt action
    is taken. We do not believe that the facts support this verdict or
    judgment."

    Catholic Healthcare West, which recently changed its name to Dignity
    Health, operates 40 hospitals and care centers in California, Arizona
    and Nevada.

    [email protected]
    Copyright © 2012, Los Angeles Times

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