On January 31st, Wigdor LLP filed a lawsuit on behalf of Dr. Grand’Maison for whistleblower retaliation and discrimination against Roswell Park Comprehensive Cancer Center (“Roswell”) located in Buffalo, NY. The lawsuit alleges that Dr. Grand’Maison was fired when she raised numerous concerns about egregious medical misconduct and lack of patient safety at Roswell.
As alleged in the Complaint (that can be read here):
- Dr. Grand’Maison is a highly experienced and respected medical oncologist specifically trained in sarcoma, with previous experience at MD Anderson Cancer Center which is widely considered the top cancer center in the country.
- During Dr. Grand’Maison’s tenure at Roswell, she observed unacceptable conduct and treatment of patients, including but not limited to:
- Sarcoma pathology reports replete with diagnostic errors;
- Doctors woefully uneducated in the latest sarcoma research; and
- Senior doctors refusing to seek out second opinions even in difficult cases.
- All of these issues put patient safety and lives at serious risk. As such, Dr. Grand’Maison raised her concerns internally and attempted to create the necessary change, but her complaints fell on deaf ears as hospital “politics” and doctor “egos” took precedence.
- Ultimately, Dr. Grand’Maison notified the upper reaches of Roswell’s management that patients were being given improper and insufficient care and patient safety and patient lives were being put at risk.
- Dr. Grand’Maison gathered medical records and put together a written report setting forth numerous specific examples of patients being given misdiagnoses, mistreatment or otherwise receiving improper and insufficient medical care.
- After five years of employment, directly after submitting this written report, Dr. Grand’Maison was fired. This was a blatant act of retaliation.
Roswell appears to have a long, sordid, and documented history of retaliation against doctors and other employees who raise complaints of misconduct and discrimination, as set forth in the Complaint. See Zhou v. Roswell Park Cancer Institute, et al., 19 Civ. 01200 (LJV) (MWP) (W.D.N.Y.); Willie Underwood, III, M.D. v. Roswell Park Cancer Institute and Dr. James Mohler, 15 Civ. 00684 (FPG) (W.D.N.Y.); Sulieman v. Roswell Park Cancer Center Institute, et al., 05 Civ. 00766 (WMS) (LGF) (W.D.N.Y.); Kearney v. Roswell Park Cancer Institute, et al., 17 Civ. 00627 (CCR) (W.D.N.Y.); Elena Pop v. Roswell Park Cancer Center, 19 Civ. 00561 (WMS) (MJR) (W.D.N.Y.); Xantipple Conerly v. Roswell Park Cancer Institute, et al., 19 Civ. 00628 (WMS) (LGF) .
Statement from Partner David Gottlieb:
“Roswell owes a legal and ethical duty to provide its cancer patients with at the very least appropriate medical care and to support doctors who report violations of these obligations. Roswell’s decision to fire Dr. Grand’Maison for having the courage to blow the whistle on this conduct constitutes an outrageous and unacceptable affront on all patients, employees and the public.”
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