CASE UPDATE - Healthcare Whistleblower Case Against Texas Vista Medical Center Amended to Add Parent Company Steward Health Care System

/

The McKinney Law Firm has filed an amended healthcare whistleblower lawsuit petition in Bexar County District Court in San Antonio on behalf of our client against Texas Vista Medical Center and it’s parent corporation, Steward Health Care System, LLC.

In her lawsuit petition, our client alleges that she was terminated by the Defendants (who operate Texas Vista Medical Center) in retaliation for her internal reporting of patient safety issues. Our client reported there was a risk of harm to patients due to the hospital’s non-compliance with the requirements of its Level III Maternal Care Center designation from Texas DSHS. Rather than address our client’s legitimate concerns regarding patient safety, the hospital terminated her employment less than a week later.

Our client has brought suit for the unlawful termination of her employment under sections 301.4025, 301.412, and 301.413 of the Texas Occupations Code (“Tex. Occ. Code”), and under sections 161.134 and/or 161.135 of the Texas Health & Safe Code (“Tex. Health & Safety Code”).

You can download a copy of the amended lawsuit petition here.

Healthcare Whistleblower Case Filed Against Texas Vista Medical Center

/

The McKinney Law Firm has filed a healthcare whistleblower lawsuit in Bexar County District Court in San Antonio on behalf of our client against Texas Vista Medical Center.

In her lawsuit petition, our client alleges that she was terminated by Defendant Southwest General Hospital, L.P. dba Texas Vista Medical Center in retaliation for her internal reporting of patient safety issues. Our client reported there was a risk of harm to patients due to the hospital’s non-compliance with the requirements of its Level III Maternal Care Center designation from Texas DSHS. Rather than address our client’s legitimate concerns regarding patient safety, the hospital terminated her employment less than a week later.

Our client has brought suit for the unlawful termination of her employment under sections 301.4025, 301.412, and 301.413 of the Texas Occupations Code (“Tex. Occ. Code”), and under sections 161.134 and/or 161.135 of the Texas Health & Safe Code (“Tex. Health & Safety Code”).

You can download a copy of the lawsuit petition here.

Chris McKinney Named to Texas Super Lawyers

/

Chris McKinney has been named to the 2021 Texas Super Lawyer list by Texas Super Lawyers Magazine. Chris was listed as one of the top lawyers in the state.

The Super Lawyers designation, conferred upon the most respected legal practitioners in the state, is based upon peer recognition and professional achievement. No more than five percent of the lawyers in each state are selected by the research team to receive this honor.

Nursing Home Operator to Pay $11 Million To Resolve Fraud Claims by McKinney Law Firm Client and Others

/

One of the largest nursing home chains in the U.S., SavaSeniorCare has agreed to settle whistleblower claims alleging the company fraudulently overcharged Medicare for medically unnecessary rehabilitation therapy and substandard skilled nursing services.

Multiple whistleblowers, also known as relators, filed the initial case against Sava in 2011, alleging Sava violated the False Claims Act. One of the whistleblowers was Mr. Terrence Scott, who was represented by Chris McKinney, along with co-counsel Charles Siegel and Caitlyn Silhan of Waters & Kraus in Dallas, Texas, and Dan Hargrove of San Antonio, Texas, and local counsel Dave Garrison of Barrett, Johnston, Martin, & Garrison in Nashville, Tennessee.

The federal government intervened in the case in 2015, joining the lawsuit against the nursing home chain. Pursuant to the settlement agreement, SavaSeniorCare LLC (Sava) and related entities, agreed to pay $11.2 million to resolve the case alleging the company knowingly billed Medicare and Medicaid for excessive and unnecessary amounts of rehabilitation therapy and “grossly substandard” skilled nursing services. The U.S. Department of Justice announced the settlement on May 21, 2021.

Our client, Terrence Scott, refused to engage in the fraudulent conduct alleged in his and the government’s complaint. His standing up to this corporate behemoth and having the determination to stay with the fight for years helped hold Sava accountable.

As a part of the settlement, Sava entered into a Corporate Integrity Agreement with HHS-OIG, which mandates an annual independent review of patient stays and associated paid claims by Medicare for five years. Sava is also required to have independent monitoring of its residents’ quality of care.

The civil settlement resolves claims brought under the qui tam, or whistleblower, provisions of the False Claims Act. Under the qui tam provisions of the False Claims Act, a private party can file a lawsuit on behalf of the U.S. government and receive a portion of any recovery, as the whistleblowers did here.

Age and FMLA Case Filed Against Allen Keller Company

/
200722 Original Complaint p1.jpg

The McKinney Law Firm has filed suit in federal district court in Austin pursuant to the Age Discrimination in Employment Act, the Texas Commission on Human Rights Act, and the FMLA against the Allen Kellar Company — a heavy construction company that specializes in clearing, excavating, grading, paving and the building of concrete structures.

The suit was filed on behalf of a former employee who alleges the company fired him because he was, in their eyes, too old and too disabled to work and because they did not like the fact that he had taken medical leave due to a heart condition. The lawsuit alleges that he was fired in the parking lot of a truck stop, where his boss and the company’s HR officer told him he should get on Social Security and Medicare before taking the keys to his company truck and handing him a booklet on how to apply for Social Security.

It is illegal under both federal and state law to discriminate in the terms or conditions of employment on the basis of a person's age, disability or because an employer regards them as being disabled. It is likewise illegal under federal law for an employer to terminate an employee because he has taken FMLA leave for a serious medical condition.

Race Discrimination Suit Filed Against City of Brenham, Texas

/
Adjustments.jpeg

The McKinney Law Firm has filed suit in federal district court in Austin pursuant to Title VII of the Civil Rights Act against the City of Brenham. The suit was filed on behalf of an African-American former employee of the City. The lawsuit alleges the City discriminated against our client, a long-term employee, and terminated him based on his race.

Our client was employed as a maintenance worker for nearly a decade before being terminated by the City in September of 2019. The suit alleges that the City told our client that his position was being eliminated as a part of a reduction in force, however the City did not terminate white maintenance workers with less seniority and an opening for a new maintenance position in the same department was posted almost immediately following the termination.

You can download a copy of the lawsuit’s Original Complaint here.

Chris Goes Back to School

/
1A5E2B2A-16DC-407B-B389-55E4FE9908C7.jpeg

Chris McKinney Featured Speaker at Texas State University’s McCoy College of Business

February 27, 2020

Chris was honored to speak in February to the students of Texas State University’s McCoy College of Business during  their Business Leadership Week on the history of whistleblowing and importance of protecting whistleblowers. 

Great students and a great Texas school.  Go Bobcats!

Another Court Follows SOX Whistleblower Standard Established by McKinney Law Firm Client

/

I had the privilege this year of being a part of the team of lawyers representing the plaintiff in Wallace v. Tesoro. The opinion issued in favor of our client by the Fifth Circuit in that case created very positive law for SOX whistleblowers around the country. And now other whistleblowers from around the country are starting to use the decision to their advantage.

Read more....

Victory for Whistleblower Represented by McKinney Law Firm In the Fifth Circuit Court of Appeals

/

We are very pleased to report a recent victory for a whistleblower client. A unanimous panel of the Fifth Circuit U.S. Court of Appeals issued a decision last Friday reinstating Plaintiff Kevin Wallace’s Sarbanes-Oxley Act (SOX) whistleblower claim against Tesoro Corp. 

A unanimous panel of the Fifth Circuit U.S. Court of Appeals issued a decision last Friday reinstating Plaintiff Kevin Wallace’s Sarbanes-Oxley Act (SOX) whistleblower claim against Tesoro Corp. 

Wallace worked for the petroleum company Tesoro as Vice President of Pricing and Commercial Analysis. He discovered structural flaws in Tesoro’s accounting system that garbled important financial results and tax reporting used by management, the Board of Directors, and Tesoro’s public filings. Wallace confirmed his findings with company experts and reported them internally. On March 12, 2010, Wallace reported internally that he was being retaliated against by management. He was fired within hours of this report.

The district court had previously dismissed the case based on several procedural motions filed by Tesoro. Tesoro argued that the case needed to be plead pursuant to FRCP 9(b)'s strict fraud pleading requirements. Tesoro also argued that the lawsuit raised factual issues that had not been presented with particularity to OSHA (the administrative agency charged with conducting initial investigation into SOX charges).

The Fifth Circuit reversed the dismissal and remanded the case back to district court for further proceedings and discovery.


Download: Wallace v. Tesoro Corp., No. 13-51010 (5th Cir. 7-31-2015).

Read more about the case here.

 

Chris Speaks to LXBN-TV About Ebola in the Workplace

/

Chris McKinney speaks with Colin O'Keefe of LXBN TV.

Chris had the opportunity to speak with Colin O'Keefe of LXBNTV on employees being terminated over Ebola. In the brief video interview, Chris shares what he's been hearing on these firings and offers a bit of guidance to employers and employees on dealing with Ebola concerns.

 

​

EEOC Sues Taprite Fassco for Sex and Disability Discrimination and Retaliation

/

The Equal Employment Opportunity Commission ("EEOC") has filed suit against Taprite Fassco Manufacturing, Inc., a San Antonio-based supplier of CO2 regulators in the soda and beer industries, in a case related to a similar case recently filed against the same employer by The McKinney Law Firm.

Here is a copy of the EEOC's press release regarding their filing:

SAN ANTONIO, Texas -Taprite Fassco Manufacturing, Inc., a San Antonio-based supplier of CO2 regulators in the soda and beer industries, violated several federal anti-discrimination laws in its treatment of one of its quality control inspectors, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today. The EEOC said the company subjected the woman to gender and disability discrimination and unlawfully retaliated against her for complaining.

According to the EEOC's lawsuit, after the quality control inspector, a longtime employee, raised questions to management concerning wage disparity between the sexes among workers at Taprite Fassco's San Antonio plant, management disciplined and demoted her into a less favorable and lower paying assembler position. The employee was physically unable to perform the new job because of her diagnosed rheumatoid arthritis and carpal tunnel syndrome.

The EEOC also charged that Taprite Fassco denied requests for accommodations that would have permitted the employee to continue working, thus violating the Americans with Disabilities Act (ADA). The EEOC said that even after she filed a complaint of discrimination alleging sex discrimination under both Title VII of the Civil Rights Act of 1964 and the Equal Pay Act, Taprite Fassco opted to pay her male replacement (whom she initially trained) substantially more than she was compensated for performing essentially the same work.

The EEOC's San Antonio Field office filed suit (Civil Action No. 5:14-cv-00801) in U.S. District Court for the Western District of Texas, San Antonio Division, after first attempting to reach a pre-litigation settlement through the agency's administrative conciliation process. The EEOC seeks back pay, compensatory damages and punitive damages for the victim, as well as injunctive relief.

"Enforcing laws that require equal pay for men and women performing the same jobs is a priority for the EEOC," said David Rivela, senior trial attorney in the EEOC's San Antonio Field Office. "Our employment statutes also safeguard workers from reprisal when the employees address managers about potentially unlawful practices. The EEOC will vigorously prosecute employers who retaliate against employees for simply seeking answers about their opportunities and protections."

 

McKinney Law Firm Files First Amendment Lawsuit on Behalf of Client Against Gonzales County

/

The McKinney Law Firm has filed suit against Gonzales County, Texas on behalf of a client who alleges she was unlawfully terminated in retaliation for her exercise of her First Amendment Rights. 

The suit alleges that the Plaintiff's termination was in violation of the First Amendment to the United States Constitution. 

The McKinney Law Firm filed suit in the U.S. District Court for the Western District of Texas (Carole Rieley v. Gonzales County et al, Case No. 5:14-cv-00631).

You can download a copy of the Original Complaint here.

 

​Chris McKinney Testifies at Texas Legislature Re: Employment Law Issues

/

This week I travelled to Austin to address a committee of the Texas legislature, arguing in favor of a statutory amendment that would return legal rights to workplace victims of sexual assault and rape -- rights that were (improperly in my opinion) taken away by the Texas Supreme Court in 2011. It was a privilege to be asked to come speak to the committee about this important issue. The Representatives were very engaged and their questions were thoughtful. The bill may not make it to the floor this session for a vote but we won't rest until this gets fixed. It's just too important.

Chris McKinney Quoted in Story About Scooter Store Employee Furloughs

/

Chris McKinney was quoted in today's story in the San Antonio Express News regarding the DOJ investigation of the Scooter Store and its resulting lay offs of employees.

Any furlough that doesn't have a return-to-work date for employees would be considered a “permanent layoff,” Texas Workforce Commission spokesman Mark Lavergne said in an email.

If workers haven't been told a specific date for when they should return to work, they would be wise to consider applying for unemployment benefits, said San Antonio employment lawyer Christopher McKinney.

Lavergne added that those employees would have to search for new employment to qualify for unemployment benefits.

The Scooter Store faces “significant business challenges,” which were “exacerbated” by the raid, according to Landon's email.

You can read the entire story here.

 

McKinney named to Texas Super Lawyers

/

Christopher McKinney has been chosen as one of only six plaintiff-side employment lawyers in the State of Texas to be identified by Texas Super Lawyers as a "Rising Star."   Candidates for the honor are determined by the organization through examination of 12 distinct categories of peer recognition and professional achievement, including: verdicts, settlements, experience, scholarly lectures and writings, honors and awards.

McKinney Law Firm Files Suit on Behalf of Executive Against Tesoro in Whistle-Blower Case

/

The Firm has filed a federal whistle-blower lawsuit against the refining company Tesoro on behalf of a former company executive who alleges he was fired in 2010 in retaliation for reporting financial irregularities at the company. 

Read more about this case in the Houston Chronicle and the San Antonio Express News.