A woman who worked as a CNA, accused her employer, a New Bedford, MA healthcare center of retaliating against her for her reporting an incident of resident abuse in the facility where she was working. The woman claimed that she was working during the 11 p.m. to 7 a.m. shift on the weekend of Jan. 7-8, 2006, when she saw a nurse and another CNA improperly restrain two residents in their wheelchairs by tying sheets or blankets around them. The woman said that she had been trained to report abuse to her immediate supervisor; but, in this instance, the immediate supervisor was the nurse who was perpetrating the abuse. So, to effectively report what she had seen, the woman needed to report directly to the facility’s administrative staff. However, it was the weekend and there were no administrative staff available. Consequently, the woman claims that at her earliest convenience, she left a telephone message for the Director of Nursing early on Monday morning. She also enlisted the help of a fellow CNA to document the incident by taking down a written statement that was provided to the healthcare center and then forwarded to the Massachusetts Department of Public Health.
The woman also alleged that the Center was aware of the report, but did not take action until a Shift Supervisor/Nurse witnessed a similar incident the evening of Jan. 9-10, 2006 just a day or so later. The woman asserted that she was told by the Center that she had not made her report of the resident’s abuse in a timely manner. The Center then tried to intimidate her with a document that falsely claimed she was the subject of an investigation by the Department of Public Health and the Center terminated her employment shortly after that.
The woman filed suit for retaliation regarding F221-Right to be free from Physical Restraints. In her suit, the woman claimed $50,000 in damages for lost wages, benefits and emotional distress. She also demanded treble damages and attorney fees. She further alleged that she was no longer able to receive treatment for emotional distress and had not been able to secure steady employment. To lessen her financial situation she has worked part-time housekeeping, collecting unemployment and social security benefits. The case was moved to the U.S. District Court of Massachusetts.
The suit was settled and the case was dismissed before jury selection began. The settlement details were not disclosed.
