HOUSTON – A pathologist brought a wrongful termination lawsuit against Regional Pathology Associates and Community Medical Center Foundation.
Dr. Megan Mary Rust alleged in court documents filed in Houston federal court that the defendants fired her after she complained and reported to the defendants as many as 22 actions it and its agents were committing that violated the law.
These purported actions, according to the complaint, included confirming a case as cancer that was not cancer without looking at slide, failing to report perineural invasion of a cancer case, and failing to initiate request for prognostic markers of breast cancer metastatic to skin and HIPPA violations.
According to the complaint, Rust complained to no avail.
“As a result of these complaints and reports, Rust says she was wrongfully disciplined, constructively discharged and/or discharged,” the complaint states.
The plaintiff added that she feared her license would be revoked and she would face criminal and civil penalties.
Rust accused the defendant of fraud, breach of contract, retaliation, age discrimination and knowingly committing wrongful acts.
She sought compensatory and punitive damages as well as a jury trial.
Rust's original complaint was filed August 29, 2018, and an amended complaint removing CMCF from the complaint November 19, 2018. RPA submitted an answer to the amended complaint the following month denying the allegations.
Rust voluntarily dismissed all claims in the case without prejudice on September 20, 2019.
She was represented by Wayne D. Collins of the Barton Law Firm in Houston. RPA was represented by Wesley Clayton Cain of Victoria, and CMCF was represented by Kevin Dudley Cullen and John H.H. Bennett of Cullen, Carsner, Seerden, & Cullen in Victoria.
Houston Division of the Southern District of Texas Case No. 4:18-CV-3005