A jury ruled that Dartmouth-Hitchcock Medical Center violated Vermont’s disability discrimination law when it fired Misty Blanchette Porter, MD, in 2017, awarding her $1.125 million in damages, InDepthNH.org reported April 14.
What happened?
- Dr. Blanchette Porter had been challenging her termination for nearly eight years, which stemmed from the closure of DHMC’s reproductive endocrinology and infertility division in 2017.
- Although the jury sided with Dr. Blanchette Porter on Vermont’s disability discrimination law, it did not uphold her additional claims under New Hampshire law, the federal Americans with Disabilities Act or whistleblower statutes.
- At the time of her firing, Dr. Blanchette Porter was scheduled to visit the Mayo Clinic for further treatment related to a long-term disability stemming from a 2015 injury. DHMC staff reportedly told others that her extended leave and limited part-time schedule were motivating factors in the decision to terminate her employment.
- The jury ultimately found that her disability and the accommodations it required played a role in her firing. She had previously taken long-term medical leave and returned to work part-time, but her recovery was ongoing.
- Dr. Blanchette Porter also alleged that she raised concerns about unsafe practices by the REI division director and a junior physician, including incidents that posed risks to patient safety. However, the jury did not find sufficient evidence to support these claims and rejected her allegations of retaliation and whistleblower violations.
“We are gratified that the jury agreed with Dartmouth Health,” a statement for the heath system told Becker’s. “They found no retaliation, no wrongful discharge, no disability discrimination under New Hampshire law, and no violation of the Americans with Disabilities Act. Additionally they found no whistleblower liability, and rejected the plaintiff’s claim for punitive damages. Dartmouth Health respects the jury’s determinations and we are grateful for their time and service.”
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