BURLINGTON, Vt. — After a jury awarded Dr. Misty Blanchette Porter $1.125 million in a wrongful termination lawsuit against Dartmouth Hitchcock Medical Center (DHMC), the medical center is seeking another opportunity to contest the ruling. The verdict followed a lengthy trial that took place over 14 days this spring. DHMC, along with its parent organization Dartmouth Health, has formally requested that U.S. District Judge Kevin J. Doyle either modify the judgment or grant a new trial.
The jury’s decision came after deliberating for over 20 hours. Dr. Porter claimed she was unlawfully dismissed in 2017 due to her disability, which stemmed from a cerebral spinal fluid leak that required extensive medical attention and absences from work. The jury concluded that her condition was a significant factor in her termination, leading to the substantial damages awarded.
In its post-trial filing, DHMC’s legal team argued that Judge Doyle provided confusing instructions to the jury. They referenced a precedent from a previous federal employment discrimination case, asserting that an incorrect jury instruction could warrant overturning a judgment if it had a prejudicial impact on the outcome. If their motion is denied, DHMC plans to escalate the case to the U.S. Court of Appeals for the Second Circuit.
While DHMC navigates this legal challenge, the organization faces a potentially prolonged process, likely extending for several years amid ongoing legal expenses. The economic impact of the litigation is unclear, as Dartmouth Health has declined to disclose the total legal fees incurred over the nearly eight-year dispute.
A high-powered legal team leads DHMC’s defense, including Boston labor attorney Donald Schroeder, who is a partner at Foley & Lardner, along with Burlington attorney Tristram Coffin. The financial implications for Dartmouth Health are significant, particularly given its status as a nonprofit organization, which brings into question the accountability they owe to the public.
The controversy surrounding the case has intensified due to the organization’s limited transparency about its legal expenditures. Critics argue that the substantial funds allocated for legal battles could have better served patient care and employee salaries. This criticism is compounded by the circumstances surrounding the closure of DHMC’s division of reproductive endocrinology and infertility in 2017, which Dr. Ed Merrens cited as necessary due to a nursing shortage. However, evidence later emerged suggesting that Dr. Porter had raised serious concerns about the practices of other fertility doctors at DHMC.
Despite the jury ruling in favor of DHMC on five out of six claims presented by Dr. Porter, the medical center’s focus has shifted toward revising the judgment rather than addressing the concerns raised during the trial. Legal experts highlight that such requests for reconsideration are common but seldom successful, often serving more as procedural measures that can strategically position a defendant for appeal.
As this case unfolds, the potential for a settlement remains uncertain. Dr. Porter’s attorney, Geoffrey Vitt, is seeking $1.7 million in legal fees, and negotiations on a settlement could be complicated by the length of the proceeding. Dr. Porter has indicated that she is not interested in seeking a negotiated resolution, maintaining her stance after winning a jury award.
The legal battle between Dr. Porter and DHMC continues to attract scrutiny and reflects broader issues of accountability within nonprofit healthcare organizations. As court proceedings persist, the true cost of this prolonged litigation remains to be seen, both financially for Dartmouth Health and in potential implications for patient care.
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