Fil-Am nurse wins $41 million in retaliation lawsuit

LOS ANGELES – A Filipino American nurse has won $41.49 million in a lawsuit against her former employer, Kaiser Foundation Hospitals and Kaiser Foundation Health Plan Inc.

Maria Gatchalian took her former employer to court for retaliating against her when she complained about patient safety and quality of care.

After working as a registered and charge nurse in the hospital’s Neonatal Intensive Care Unit for 30 years, Gatchalian was fired in 2019 over a minor policy violation.

The Los Angeles Superior Court panel yesterday granted Gatchalian $11.49 million in compensatory damages, including $9 million for the emotional distress, plus $30 million in punitive damages.

“Staffing in healthcare is directly related to the quality of care delivered,” Gatchalian’s lawyer, David deRubertis, told Inquirer.net. “Cutting corners with staffing risks patient safety.”

Maria Gatchalian’s lawyer said he hopes the verdict will get Kaiser to focus more on patient safety and quality of care and less on the business of medicine. FILE PHOTO

Gatchalian – a first-generation Filipino American – worked for the Woodland Hills Kaiser Permanente Hospital’s Neonatal Intensive Care Unit (NICU) since 1989.

Starting as a registered nurse, she was promoted in 2006 to charge nurse, a managerial position requiring her to lead her nursing unit.

In their court papers, Kaiser attorneys said the 30-year veteran employee admitted that in 2019 she took off her shoes and socks and placed her bare feet on an isolette.

An isolette is a clear plastic enclosed crib that maintains a warm environment for a sick or premature newborn baby.

The defense attorneys included in their court papers a photo of Gatchalian resting her feet on the medical device.

“Plaintiff’s conduct was unacceptable, made even more so by the fact that she was a charge nurse, a leader of the nursing team and a long-term employee who knew better,” Kaiser lawyers said.

Having lost confidence in Gatchalian, Kaiser “made the difficult decision to terminate her employment” in 2019, according to the defense lawyers’ court papers.

But according to the lawsuit filed in April 2021, Gatchalian raised repeated concerns to management about the quality of care and patient safety, mostly stemming from Kaiser’s alleged understaffing.

Multiple witnesses said during the trial that the facility was undermanned.

Gatchalian said Kaiser management repeatedly discouraged her from submitting formal complaints through the normal process.

DeRubertis said this was done so Kaiser could avoid conducting an investigation and taking corrective action.

“Maria had the courage to speak up about patient safety but Kaiser tried to silence her,” he added.

“This diligent jury spoke in a loud and clear voice telling Kaiser that it needs to put patients over profits.”

DeRubertis said he hopes this verdict will get Kaiser to “focus more on patient safety and quality of care and less on the business of medicine.” (With a report from CNS)