by  John Luciew | jluciew@pennlive.com| Penn Live | published February 16, 2025

A week after a $5.25 million verdict for a fired Penn State football doctor rocked both Penn State Health and Penn State Athletics, the winning lawyer is taking stock of the far-reaching impact of the case.

Steven Marino, speaking to PennLive at the Hershey home of his client, Dr. Scott Lynch, said the wrongful firing case against the vast health system and Lynch’s supervisor could establish new law in Pennsylvania.

“This cause of action is very unique, and it’s very limited in Pennsylvania,” Marino said of the narrow circumstances under which “at will” employees can sue over their firing.

But Marino successfully argued Lynch was ousted from his dual medical roles with Penn State Athletics due to repeated clashes with Nittany Lions head coach James Franklin over medical decisions and treatment plans for injured football players.

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Even though both Franklin and Penn State Athletics were dropped from the case on a filing technicality, Marino won against Penn State Health and Lynch’s supervisor by linking his firing to those clashes with Franklin, arguing the ouster was retaliation.

Marino said the verdict, if upheld on a possible appeal by Penn State Health, could widen the standard of medical care in Pa. to now include protections against interference in injured player treatments by coaches or any other non-medical personnel with athletic teams.

“For a doctor who manages collegiate athletes, the standard of care now includes making sure that their medical decisions aren’t interfered with,” Marino said. And while such medical standards were already enshrined in NCAA and Big10 rules, the Lynch case could establish those protections in Pennsylvania law, Marino said.

“The standard of care now includes not allowing a medical judgment to be interfered with by a coach,” Marino said. “That’s the standard of care now in Pennsylvania. That’s the law. And if you adversely affect someone, a doctor, it creates now a kind of cause of action, an employment action.”

If you or someone you know believes you have been wrongfully terminated from employment, Marino Associates can help.  Use the free case evaluation form  or call 215-462-3200 to speak to one of our expert attorneys who will give you immediate answers to important questions.