FOIA DOCS & EXCERPTS FROM SWORN STATEMENT
RECAP:
First protected whistleblower disclosures and EEO violations were made via call with the Service Chief and included: a hostile work environment alleged by Ms. C…(Whistleblower) perpetrated by Dr. J... (physician/surgeon). The phone call lasted 36 minutes. After the disclosures and within 10 days of said call, retaliation ensued by the Agency, the physician/surgeon, and administrative personnel, in order to execute the whistleblower’s dismissal from the Agency for reporting violations. Docs are in reverse chronological order. Employee roles have been inserted in parentheses for reader clarification.
An opposing sworn statement by a departmental doctor, Ortho retired, denies the false allegations lodged by the Service Chief, the Chief of Surgery, and the physician/surgeon about Ms. C.... (Whistleblower) emailed on 9/26/14 (see other threads) sent to senior executives. Ortho retired was asked questions during a formal EEO investigation and stated he had no part of the chain of command nor did he have any knowledge of what was described in the Service Chief's email on 9/26/14 that invoked his name. He denies ever having such discussions in a negative light about Ms. C..., who he responded that he had no problem with her nor did he recommend her removal.
=====================================
RECAP:
First protected whistleblower disclosures and EEO violations were made via call with the Service Chief and included: a hostile work environment alleged by Ms. C…(Whistleblower) perpetrated by Dr. J... (physician/surgeon). The phone call lasted 36 minutes. After the disclosures and within 10 days of said call, retaliation ensued by the Agency, the physician/surgeon, and administrative personnel, in order to execute the whistleblower’s dismissal from the Agency for reporting violations. Docs are in reverse chronological order. Employee roles have been inserted in parentheses for reader clarification.
An opposing sworn statement by a departmental doctor, Ortho retired, denies the false allegations lodged by the Service Chief, the Chief of Surgery, and the physician/surgeon about Ms. C.... (Whistleblower) emailed on 9/26/14 (see other threads) sent to senior executives. Ortho retired was asked questions during a formal EEO investigation and stated he had no part of the chain of command nor did he have any knowledge of what was described in the Service Chief's email on 9/26/14 that invoked his name. He denies ever having such discussions in a negative light about Ms. C..., who he responded that he had no problem with her nor did he recommend her removal.
=====================================
=====================================
ReplyDelete-----Original Message-----
From: H….,…. (Chief of Surgery)
Sent: Friday, October 03, 2014
To: B….,…. (Service Chief)
Subject: FW: thank you for the support, problem is not going away...
P....,.... (Service Chief)
Do you have time to discuss this issue today? I am not sure where the 3 month grace period stipulation came from, but nobody in the administrative office can confirm it actually exists. She is a new employee on FPPE as any other, and she was known and represented herself to have no orthopedic experience.
Thanks, E……(Chief of Surgery)
=====================================
-----Original Message-----
From: C……,……. (Surgical Administrator)
To: B……, ….. (Service Chief); J…..,…… (Physician/surgeon); H……, ….. (Chief of Surgery); C….(Lead Surgeon)
Sent: Friday, September 26, 2014
Subject: RE: Thank You
Including Dr. C….(Lead Surgeon).
=====================================
-----Original Message-----
From: B……, ….. (Service Chief)
To: J…..,…… (Physician/surgeon); H……, ….. (Chief of Surgery)
Cc: C……,……. (Surgical Administrator)
Sent: Friday, September 26, 2014
Subject: RE: Thank You
Hello,
I spoke with dr. j….(Physician/surgeon) as well as dr. b….(orthopedic, retired) regarding C…..(Whistleblower) (the NP) in ……(clinic).
I do believe we need to proceed removing her from ……(clinic), even though she had surgical background she has not been able to perform the requirements for the NP position in the …… department.
I know that I have given her instructions on how to eval a patient and present to the ……(clinic) and present to the ortho doctors, and both have reported that she has not followed instructions. She has let patients leave without a sign out to the doctor. (I specifically instructed her in an email that she could see the patient, perform the history and physical, the get dr. j…. (Physician/surgeon) – present the patient and have him see the patient to complete the impression and plan). Dr. j…. (Physician/surgeon) has had to chase patients down in the lobby as she let them leave.
I would be happy to speak to everyone on a conference call but I do believe the clock is ticking and we need to address this ASAP.
Thank you.
B….. (Service Chief)
=====================================
-----Original Message-----
From: J….., …… (Physician/surgeon)
To: H……, ….. (Chief of Surgery); Cc: B……, ….. (Service Chief); C……,……. (Surgical Administrator)
Sent: Friday, September 26, 2014
Subject: Thank You
Dr. H…. (Chief of Surgery),
I appreciate your willingness to meet with me, and to defend the competency and integrity of the team despite the hurdles.
Please let me know how I can be the most helpful to you.
D…. (Physician/surgeon)
=====================================
First disclosures - Verizon Phone Bill: Ms. C….(Whistleblower) reports EEO violations & protected whistleblower disclosures under the No Fear Act against Dr. J….. (physician/supervisor) to Dr. B…. (Service Chief) in a 36 minute phone call on 9/16/14 @ 4:47 pm documented on Verizon cell bill.
=====================================
-----Original Message-----
DeleteFrom: Z.... (ACOS)
To: H……, ….. (Chief of Surgery); B.... (Service Chief); Cc: C....(Surg Admin)J….,..(Physician/surgeon)
Sent: Friday, October 3, 2014
Subject: RE: thank you for support, problem is not going away
I am available after 4 pm today.
===========
-----Original Message-----
From: H……, ….. (Chief of Surgery)
To: Z….., …… (Associate Chief of Staff); B.... (Service Chief)
Cc: C.... (Surg Admin)J….,..(Physician/surgeon)
Sent: Friday, October 3, 2014
Subject: RE: thank you for support, problem is not going away…
The gravity of this issue has made it priority one. The proposed dismissal of a newly hired mid level is more emergent than any issue I am currently aware of for surgery service. I am available for in person and/or telephone conference for the remainder of the day. And night. And weekend. And would hope that the other stake holders will make themselves available.
===========
-----Original Message-----
From: Z.... (ACOS)
To: B.... (Service Chief)
Cc: H……, ….. (Chief of Surgery); C.... (Surg Admin)J….,..(Physician/surgeon); Z.., (Associate Chief of Staff)
Sent: Friday, October 3, 2014
Subject: RE: thank you for support, problem is not going away…
Good afternoon, during the past week I have had numerous conversations with both Drs C….(Lead Surgeon) and J….(Physician/surgeon) reference the performance, abilities, and responsibilities of Ms. C…(Whistleblower). At every one of those meetings, my response has been the same, this needs to be brought to your attention as the Section Chief and to Dr. H…(Chief of Surgery), which both have assured me you are all aware. I suggested that a plan needed to be developed to address these very serious concerns. At our last meeting Dr. J….(Physician/surgeon) shared he was working with you to develop a plan and a description of those responsibilities for C’s….(Whistleblower’s) position. I have not seen said plan
Dr. J…(Physician/surgeon) are there any concern for patient safety? If so, we may have to have QM involved at this time? Please keep me advise as to what steps will be taken to address Dr. J….(Physician/surgeon) concerning comments below.
Dr. ….Z…(Associate Chief of Staff)
===========
-----Original Message-----
From: J….., …… (Physician/surgeon)
To: B.... (Service Chief); Cc: H……, ….. (Chief of Surgery); C……,……. (Surgical Administrator)
Sent: Friday, October 3, 2014
Subject: thank you for support, problem is not going away…
Dr. B…. (Service Chief),
You were generous with your time and experience last night again, in helping me tackle and increasingly frustrating problem here (paraphrased). Making any progress is far too difficult and it is a challenge for me even without having to deal with incompetency and an inability to take instruction by my assistant, for whatever reason lies behind it, within C…(Whistleblower). I find it is now impairing my own effectiveness. I am concerned for the safety of my surgical patients. I feel rather strongly about her incompetency in orthopaedics, on ethical grounds, as do Dr. B….(Ortho, retired) and Dr. B….(Ortho, fee basis). And, I find my patience running so thin with the obstructions due to alignment that I reach a point of anger. I have learned, after watching the incompetents hiding in the shadows during my career, to take an active role to bring them out and to deal with my own frustrations proactively and not let them fester, which can cause an escalation of poor communication and can impair quality of the entire team.
…To summarize, we have many challenges here in our quest to provide state of the art outpatient orthopedic surgical services. Insurmountable seems the challenge of having someone central to the service who is also most difficult to teach and supervise, not only with me but with all those with whom she has come in contact. I hope she can be relocated or released from my service as soon as possible. I am more than willing, and others on my team are willing, to cover her duties if she is allowed to depart, as we hope..... Sincerely, J….. (Physician/surgeon)
-----Original Message-----
DeleteFrom: H….., ….. (Investigator, ORM)
To: B…..,….. (Ortho retired)
Sent: Thursday, March 18, 2016
Subject: Re: [EXTERNAL] Re: VA Office of Resolution Management
In lieu of the original affidavit I sent you, I am requesting that you answer the questions that are within the body of this email. Please simply type your responses. I must have direct answers to the questions for the EEO file.
Thank you.
L…..,……. (EEO Investigator)
=====================================
-----Original Message-----
From: B…..,….. (Ortho, retired)
To: H….., ….. (Investigator, ORM)
Sent: Wednesday, March 16, 2016
Subject: Re: [EXTERNAL] Re: VA Office of Resolution Management
These are the answers to the questions you have repeated on the form above.
1) Please identify the facility where you were employed at the time the events of this claim occurred.
VA OPC Cape Coral, FL
2) Please identify the position and grade you held during the period of events.
Half-time consultant in Orthopaedic Surgery
3) Are you currently in this position? No
a) If no, please provide your separation date. January 20, 2015
4) How long were you in this position during the period of the event?
Position held continuously from January, 1996 until January 20, 2015
Unaware of the date of the “event”
5) Please state the name of your direct supervisor during the period of the event.
Direct Supervisor was ACOS Dr. Z…….
Chief or Orthopaedic division was Dr. P. B……..
I have served under at least 4 ACOS and 2 chiefs of division
6) How long were you with the organization?
Since January, 1996
7) What is your sex (i.e. male/female)?
Male
8) Have you been involved in EEO activity?
No
a) If yes, did the activity involve the complainant?
1) If yes, provide the timeframe in which the EEO activity occurred.
9) Were you aware of the complainant’s previous EEO complaint or reports of harassment during the period of events?
No
10) Was the complainant within your chain of command during the stated events?
a) If yes, where did she fall within your chain of command (e.g. first-line/second-line supervisor)?
11) Are you aware of the complainant’s sex?
Yes
a) If yes, how did you become aware of his sex (e.g. visual observation)?
“His”? Visual female
b) If yes, when did you become aware of his sex?
“His”? Upon introduction
=====================================
Delete-----Original Message-----
To: H….., ….. (EEO Investigator)
From: B…..,….. (Ortho retired)
Sent: Friday March 11, 2016
Subject: Re: [EXTERNAL] Re: VA Office of Resolution Management
Ms Harris
I have been trying to print your enclosures without success. Your cover letter about printed out without a problem. Are there enclosures encrypted? They open but do not print.
I have read the enclosures and find the whole context of questions appear unrelated to my connection with the situation. You may call me at my number above. I have never had any formal interview or discussion concerning the complainant’s job description or expected duties. Comments I may have made with her were of congenial nature and reflected my general opinions.
I have been a half-time Orthopaedist at the Ft. Myers VA OPC since January of 1996 and through three locations with and five ACOS there. In 2014, to the best of my memory, a full time Orthopaedist was hired whom I first met when he reported to work. It was my impression that the complainant was hired expressly to work with Dr. J…. and not Orthopaedics in general. She introduced to me and admitted that she had little if any Orthopaedic experience and asked if she could observe in my clinic to which I agreed.
Over the years we have had senior Medical students rotate into the clinic from NOVA University who observed in my clinics and I would explain the details of the cases with them along with the pathophysiology involved. They observed only and had no patient contact. The same process was done when the complainant was observing in my clinic. To my knowledge that occurred three times when Dr. J…. was out of the clinic.
She freely admitted that she was deficient in Orthopaedic knowledge, but was anxious to learn. I was not within her chain of command and had no say in her job description or duties. She was always respectful of me and appeared eager to learn. I had no formal conferences about her with anyone else. There were subjects brought up in casual conversation among Dr. J.., Dr. Bl…., and myself, but I do not recall any specific animosity and my first knowledge of any firing came months after I retired in January 2015 which is not surprising since I was never privy to any of the Orthopaedic personnel decisions. The tone of the questions indicated was that I was within the chain of command and that she had also worked with/for me which was not the case. I tried to call you at your office but was unable to get through, but you can call me for any clarification.
C….,….. MD (Ortho, retired)
=====================================
-----Original Message-----
From: H….., ….. (Investigator, ORM)
To: B…..,….. (Ortho retired)
Sent: Wednesday March 9, 2016
Subject: Re: [EXTERNAL] Re: VA Office of Resolution Management
Dr. B…. (Ortho, retired),
As previously discussed, I have been assigned to investigate and EEO complaint filed by Catherine Chiaradonna. You have been identified as someone with knowledge of the events that are subject to this claim; therefore, I am required to get your statement for the record. I have attached an affidavit I will need you to complete by March 15, 2016. Please initial each page and sign.
Respectfully submitted,
L…., …. (EEO Investigator)
=====================================