A judge upheld her decision to grant summary judgment to dismiss a lawsuit against Mon Health System and one of its former doctors Monday.
Susan Yokopovich-Wasco filed a lawsuit naming Mon Health System and Dr. Faisal Bukeirat, a gastroenterologist, alleging Bukeirat of verbally harassing her after she reported a patient safety requirement.
Yokopovich-Wasco said she experienced discrimination and retaliation by Bukeirat in violation of the West Virginia Patient Safety Act.
Chief Monongalia County Circuit Court Judge Debra Scudiere granted summary judgment to the defendants, after finding that Yokopovich-Wasco’s job — medical administrative assistant — did not meet the legal definition of a health-care worker under the WVPSA.
On Monday, attorney Sean Cook asked the court to grant a motion lifting the summary judgment and a motion to allow Yokopovich-Wasco to amend her complaint. He argued the case should be decided on its merits, not a legal definition.
Susan Deniker, attorney for Mon Health, said that relief from summary judgment should be applied rarely, not because Yokopovich-Wasco failed to bring the proper actions and wanted “another bite at the apple.”
Scudiere upheld her ruling and denied the motion to grant relief from the summary judgment, which she said was made on the merits of the case and case law. Scudiere also denied the motion to amend the complaint, as it was moot with the summary judgment in place.
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