by Aleeza Furman, Litigation Reporter | published May 31, 2024

What You Need to Know

• A Dauphin County jury awarded $5.25 million to a former Penn State athletic medicine director who claimed he was removed from his post for providing proper medical care to student athletes.
• The plaintiff alleged that the university’s head football coach sought to interfere with his medical decision-making.
• The plaintiff’s lawyer said the case is the first to be brought by a physician claiming to have been discharged for doing his legal duties to take care of student-athletes.

A former Pennsylvania State University athletic medicine director was awarded $5.25 million by a jury Wednesday over his claims that he was removed from his post for providing proper medical care to student-athletes.

The Dauphin County jury determined that Dr. Scott Lynch’s employer, Penn State-affiliated Milton S. Hershey Medical Center, demoted him for his refusal to be influenced by football head coach James Franklin’s attempts to interfere with Lynch’s medical decision-making.

“This is the first case that’s been filed of its nature in the nation,” Lynch’s attorney, Steven Marino of Marino & Associates, contended. According to Marino, the case is the first to be brought by a physician claiming to have been discharged for doing his legal duties to take care of student-athletes.

Meanwhile, a spokesperson for Penn State Health said in a statement, “We are extremely disappointed to learn of the jury’s decision, as we continue to believe that the claims in the complaint have no merit. … Penn State Health and the University remain dedicated to the health and well-being of our student-athletes.”

Lynch claimed that Hershey Medical Center removed him from his positions as Penn State’s director of athletic medicine and the school football team’s orthopedic physician in response to reports he made to his supervisor and university representatives that Franklin attempted to interfere with Lynch’s medical management and return-to-play decisions. The plaintiff alleged that the defendant falsely asserted that it demoted Lynch in order to replace him with a surgeon who lived closer to the university.

Marino said the plaintiffs had to overcome “significant legal challenges” posed by the at-will employment doctrine while pursuing the case. To do so, Marino said, the plaintiffs successfully argued that a narrow exclusion for violations of public policy applied to Lynch’s situation.

“The Milton S. Hershey Medical Center breached the common law duty it owed to manage its administrative affairs consistent with the public interest and policy of this commonwealth that the health, safety, morals, and welfare of collegiate student-athletes be prioritized and protected as a result of taking an adverse employment action against the plaintiff physician,” the plaintiff alleged in his second amended complaint.

Franklin, Penn State University and several of its athletics leaders were initially named as defendants but were no longer parties to the case when it went to trial.

Hershey Medical Center—represented by Morgan, Lewis & Bockius and Buchanan Ingersoll & Rooney—asserted in its answer to the second amended complaint that it demoted Lynch for “legitimate, non-retaliatory reasons.” The defendant also denied that Franklin tried to influence Lynch’s medical decisions.

The jury, however, found that the health system’s decision to demote Lynch was motivated by his performance of statutory duties in the interest of student-athletes’ welfare. The verdict included $250,000 for lost wages and $5 million in punitive damages.
The Penn State Health spokesperson said the defendants are considering whether they will seek an appeal.

MORE COVERAGE:
> Penn State player’s medical malpractice suit exposed doctor’s shortcomings, ex-athletic director says

>  Defense lawyer lays into fired Penn State football doctor for poor communication, mistakes

> Penn State player’s medical malpractice suit exposed doctor’s shortcomings, ex-athletic director says

>  Defense lawyer lays into fired Penn State football doctor for ‘poor communication, mistakes’

> Meeting with James Franklin preceded team doctor’s firing, supervisor says

> Top 10 moments (so far) from fired Penn State football doctor’s trial

> Emails detail deteriorating relationship between James Franklin, fired football doctor

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