Former Mercy nurse says she was fired after reporting patient safety concerns

A former nurse at Mercy Springfield is suing the health system, alleging that she was fired earlier this year for reporting “patient safety concerns relating to inadequate staffing and infection control.”

Cheryl Shultz filed a lawsuit April 10 in Greene County associate circuit court seeking compensation for lost wages and employment benefits and general damages, as well as punitive damages “in an amount sufficient to punish Mercy and to deter Mercy and others from like conduct.”

A spokeswoman told the News-Leader Monday afternoon that Mercy does not comment on pending litigation. In court documents responding to the lawsuit, however, the health system denied the lawsuit’s allegations of violations of state law.

The lawsuit filed by Shultz, who is listed in online court records with a birth year of 1965, includes the following details, among others:

• Shultz began working for Mercy, then known as St. John’s Regional Health Center, in 1985, and became a registered nurse in 1989. In approximately 2012, she was promoted to the position of charge nurse, responsible for supervising chemotherapy nurses, staff nurses and others. During her employment, she “consistently received excellent performance reviews and positive peer feedback during her annual reviews.”

• In 2013, Shultz began expressing concerns to her supervisors and other employees. Her concerns included that “due to low staffing levels and lack of well-trained and experienced staff, the 7D Oncology Floor was failing to provide safe and appropriate care to its patients.”

“For example, Plaintiff observed an employee removing needle caps with her teeth before using the same needles to inject medication into central lines,” the lawsuit reads. “On other occasions, Plaintiff observed chemotherapy infusions being started by nurses not qualified to provide such care, or at infusion rates in excess of established standards without a physician’s order.”

Shultz also utilized Mercy’s internal medical error reporting system to report concerns, and in August 2014 sent emails with concerns to her new direct supervisor.

• In Aug. 2014, Shultz was told she would have to reapply to maintain her charge nurse position. She did, and was awarded the position. Her hours in the position were cut, however, from 80 to 72.

• Shultz continued to report concerns, and her supervisor requested a meeting with her on Jan. 27, 2015. Shultz was told it was to perform a 90-day review, “even though Plaintiff had been in the ‘new’ Charge Nurse position for more than five months.”

At the meeting, Shultz was told she didn’t have the right “tone” to be in the charge nurse position, and advised to seek another position in Oncology 7D. The position suggested was chemotherapy nurse. Shultz said she would accept that position the next day.

• On Feb. 2, Shultz met with members of Mercy’s Human Resources Department and reiterated her concerns, and “stated that she felt her removal from the Charge Nurse position was an attempt to retaliate for her prior reports regarding inadequate and improper patient care.”

• From Feb. 2 through Feb. 6, Shultz worked as a chemotherapy nurse. During this time, she utilized the internal system “to report inadequate communication about chemotherapy infusion rates and improper chemotherapy labeling from the pharmacy.”

• On Feb. 6, Shultz was summoned to a meeting with her supervisor and human resources staff. She was questioned regarding with whom she had spoken about their meetings and the circumstances surrounding her departure from the charge nurse position. Shultz said she had spoken in length with a friend in the department, and that she had answered other coworkers with questions truthfully.

• On Feb. 9, the following Monday, Shultz had a meeting with the same individuals and was handed termination papers and escorted from the premises.

The lawsuit alleges Mercy violated state law regarding protections for hospital employees for certain disclosures.

An attempt by the News-Leader to find a working phone number for Shultz was unsuccessful. Her attorney, Jenifer Marie Placzek did not respond to a message Monday afternoon.

Mercy responded to the lawsuit with an answer filed May 21. It includes the following details:

• Mercy denies that Shultz was promoted to charge nurse in 2012 and denies that she supervised the positions she claimed. Mercy denies Shultz’s claim regarding consistent excellent reviews and positive feedback during annual reviews.

• Mercy denies all of Shultz’s statements regarding how she reported patient safety concerns.

• Mercy says “all employees Mercy-wide had to reapply for certain positions in August/September 2014.” The health system says Shultz was promoted to charge nurse at the end of September or beginning of October 2014, and that all charge nurses are scheduled to work 72 hours every two weeks.

• Mercy says that all charge nurses received 90-day reviews at the end of January 2015. The health system denies Shultz’s description of becoming a chemotherapy nurse.

• Mercy admits Shultz met with human resources staff on Feb. 2, but denies Shultz’s description of the meeting. The health system also admits that the Feb. 6 meeting occurred, and admits a human resources staff member questioned Shultz “regarding whom she had spoken about their meetings.”

• Mercy admits that Shultz was handed her termination papers on Feb. 9 and escorted from the premises.

Mercy denies all the allegations regarding violations of Missouri law that the lawsuit alleges, and says Shultz “fails to state a claim upon which relief can be granted.”

Schultz’s lawsuit was filed about five weeks before another filed by a former Mercy doctor, once the chair of the hospital’s oncology department. Viran Roger Holden claims he was wrongly fired because he testified against his employer and alleged that two doctors were committing Medicare and Medicaid fraud.