Nurse sues hospital over medical leave

Michelle Keahey, East Texas Bureau Jul. 25, 2011, 7:55am

MARSHALL - A registered nurse has filed a lawsuit against an East Texas hospital alleging she was fired for complaining about the hospital's medical leave policies.

Deborah B. Kelly filed suit against Good Shepherd Medical Center-Linden Inc. on July 14 in the Eastern District of Texas, Marshall Division.

Kelly was hired by the defendant in May 2005 and worked as a registered nurse until her termination in December 2010.

According to her lawsuit, she began intermittent leave under the Family and Medical Leave Act in November 2010 due to a neurological disorder in her right shoulder and a degenerative condition in her lower back. During her medical leave, she was transferred out of the hospital's emergency room.

Kelly made a formal complaint about the transfer and in response was told that the transfer accommodated FMLA. She was suspended and fired less than a month later for violating "Chest Pain Policy."

The defendant is accused of discrimination and retaliation, including suspension and discharge in violation of FMLA, interference with FMLA entitlements and discrimination in violation with the Americans with Disabilities Act.

The plaintiff is seeking damages for back pay, front pay, future economic benefits, future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, interest, attorney's fees and court costs.

Kelly is represented by Sulphur Springs attorney Wade A. Forsman.

U.S. District Judge T. John Ward is assigned to the case.

Case No. 2:11-cv-00320

More News