Nurse alleges RGH retaliated for reporting patient transferred ilegally

May 3—In a federal civil suit against Raleigh General Hospital, a labor and delivery nurse has alleged that hospital staff retaliated against her for reporting to state officials that a pregnant patient had been illegally transferred from the hospital to a nearby grocery store parking lot in October 2017.

The suit alleges that a report to state officials by plaintiff Shauna Garris led to RGH being fined and placed on probation for one year for violating the Emergency Medical Treatment and Labor Act (EMTALA), a 1986 law that requires hospitals to stabilize and treat every patient who comes to an emergency department, regardless of the patient's ability to pay.

In the suit, Garris, the L&D nurse, alleges that a supervisor directed nurses not to care for a patient in October 2019 and that the same supervisor used Garris' history of her own two stillbirths to retaliate against her as she carried out her duties.

Raleigh General Hospital and the supervisor have denied all of the allegations and have "demanded strict proof" from the plaintiff.

In the complaint, Garris alleges that on Oct. 5, 2017, Garris and another labor and delivery nurse, Katana Jackson, were working as charge nurses. Garris reported in the suit that a pregnant patient began having a psychiatric episode while under RGH care.

The suit alleges that Garris witnessed Jackson placing a call to Beckley Appalachian Regional Hospital (B-ARH) and requesting that its staff accept the patient. Garris reported that B-ARH staff refused the transfer.

Without a doctor's order, Garris alleged in the suit, Jackson told an off-duty police officer who was working as a hospital guard to wheel the patient from the hospital and into the parking lot of a nearby Kroger grocery store.

The suit alleges that Jackson then instructed the officer to place a call to 911 and to request that the patient be transferred from the parking lot to another hospital.

Garris notified Jackson that the transfer would be illegal and asked her to call the supervisor, according to the civil suit.

The suit alleges that Jackson reported to Garris that the supervisor had approved the transfer. According to the lawsuit, the supervisor had not approved the transfer.

Some time after the alleged incident, state officials began investigating RGH for violations of the federal Emergency Medical Treatment and Labor Act (EMTALA), a 1986 law that requires anyone who comes to an emergency room to be stabilized and treated, regardless of insurance stats or ability to pay.

During the EMTALA investigation, the suit states, Garris reported the alleged October 2017 incident to her nursing supervisor. Subsequently, the Centers for Medicaid and Medicare Services (CMS) began investigating the incident, and Garris reported to CMS investigators that she had witnessed a pregnant patient being illegally transferred from RGH to the Kroger's parking lot, without a doctor's order.

As a result, RGH was fined, placed on probation for one year and ordered to prevent future incidents from occurring.

Shortly after the investigation, the supervisor resigned.

According to the lawsuit, RGH promoted Jackson to interim manager. Garris alleges in the suit that Jackson called Garris to her office and told her that she was aware that Garris had made the complaints. Garris reported that Jackson said if she made future complaints, Jackson would "shut her down."

Garris' husband was diagnosed with Stage 3 cancer in September 2018, leading Garris to take leave under the federal Family Medical Leave Act, which provides certain employees with up to 12 weeks of unpaid leave per year for medical and family reasons, with continuation of employment.

To qualify for the leave, the suit reports, Garris provided personal and private health care information to Jackson.

The suit alleges that Jackson tried to stop the leave but that it was approved. While Garris was on leave, the suit alleges, Jackson called Garris at home and harassed her and asked Garris why she had not returned to work after her husband's first cancer surgery.

When Garris returned to work, according to the lawsuit, Jackson told other health care workers that she planned to force Garris to quit.

The suit alleges that Jackson routinely embarrassed Garris by telling her colleagues and patients that Garris was receiving mental health care, after suffering two stillbirths in previous years.

Garris had been employed at RGH during the stillbirths, in 2002 and again in 2012, according to the suit.

Garris alleges in the suit that Jackson placed her in charge of events that focused on infant loss and babies, including the annual "Walk to Remember," a walk that focuses on infant and pregnancy loss and forcing Garris to train nurses on the same procedures that she had experienced during her own two stillbirths, one of which occurred at RGH in 2002.

RGH has admitted that Garris was in charge of the walk and similar programs but has denied that her assignment was a retaliation.

RGH has also stated in the complaint that hospital staff could not admit or deny the type of training Garris was offering in the training, since they did not have knowledge of the medical care she had received during her stillbirths.

Garris alleges that Jackson also assigned her to night shifts, despite her medical accommodation for day shift work and that Garris was denied pay raises.

The suit alleges that Jackson would not permit Garris to attend a state event that was celebrating Garris' accomplishments in offering bereavement training to other nurses in the state.

On Oct 29, 2019, the suit alleges, Jackson screamed at Garris after Garris allegedly "went above her head" to admit a patient to the floor. The suit alleges that Jackson told other nurses not to check on the patient.

In a meeting with Human Resources manager Laura Martin after the Oct. 29 incident, the suit alleges that Martin and Jackson made derogatory comments about Garris' history of receiving mental health care and pressured Garris to enter the "Employee Assistance Program," which aims to help employees who are in need of mental health care.

During the meeting, the suit alleges, Martin told Garris that nobody wants to work "with a nurse who may bring a gun into the workplace."

Garris resigned from the hospital in December 2020.

RGH officials state in the suit that Garris admitted a patient without permission and that she was told nurses could not offer care. RGH reported that Garris later reapplied and was told she would not be rehired.

The suit asks for unspecified punitive damages for emotional suffering and economic hardship.