Federal court to handle lawsuit
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Recommend ThisBy J.R. Williams -- jrwilliams@nvdaily.com
HARRISONBURG -- A wrongful termination and malpractice suit filed in January against Valley Health by a former employee of Winchester Medical Center has been transferred to U.S. District Court.
Attorneys for Valley Health and other subsidiaries named as defendants in the suit requested that the case be moved to federal court because the plaintiff, Sharon Fay Grey, alleges a violation of the Family Medical Leave Act, according to court papers.
In a civil complaint, Grey says that the hospital fired her after she complained about a surgery performed on her in 2009. She worked for Valley Health at Winchester Medical Center as a nursing assistant until March 1, 2010, according to the complaint.
Grey alleges she had to have another surgery to repair a tear in her bladder after hospital staff did not provide her with a catheter, the complaint says. She also alleges a violation of FMLA for denying her sick leave for a surgery in February 2010.
Grey is seeking "in excess of" $350,000 in damages in the malpractice claim and $200,000 for the firing. She also alleges that she was warned she would be fired if she spoke about her situation.Valley Health, the hospital, Urology Associates of Winchester and Dr. Kevin Shane Geib are named as defendants.
The defendants deny many of the claims. An attorney for the hospital filed a motion Tuesday to dismiss the case. In an accompanying brief, they say Grey was not entitled to FMLA benefits in February 2010 and say the case is past its statute of limitations.
"These defendants specifically deny that any act or omission on their part, or on the part of anyone for whom at law they would be responsible, was the proximate cause of any injury or damage to the plaintiff," the response says.
Attorneys representing the hospital say Grey's caretakers did not act with gross negligence. Her allegations "are simple allegations of medical malpractice and do not rise to the level of ... a cause of action for punitive damages," it says.
A trial date will be scheduled for sometime in the next six months, according to a letter filed with the court.
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