When the Investigation Becomes the Lawsuit…

In December 2023, a jury awarded $15M to a surgeon at Thomas Jefferson University Hospital (TJ) in a sex bias suit. Abraham v. Thomas Jefferson University et al., 2:20-cv-02967 (Eastern District of Pennsylvania). The surgeon/Plaintiff was accused of sexual misconduct by a student and medical resident at TJ.  The Plaintiff reported the incident to TJ, and the student filed a Title IX complaint with TJ against the Plaintiff.  An investigation followed, conducted by an outside law firm. During discovery, the court ordered that the investigation report be produced in discovery, but that TJ could redact any material subject to attorney-client privilege (stay tuned…privilege in investigations reports will be addressed in a future blog).   The redacted report was produced and the Plaintiff presented his theory to the jury that the investigation was biased and fraught with errors.  The jury awarded Plaintiff a $15M verdict against TJ based upon its handling of the sexual misconduct complaints.  A jury found that TJ failed to impartially investigate the surgeon’s claim that he was also a victim in an alcohol-fueled encounter in which he was accused of rape.  The case is currently on appeal.

Investigation issues can be tricky.

At Strassburger McKenna Gutnick & Gefsky, our Independent Investigations team consists of attorneys and paralegals from a variety of legal backgrounds, including a former Assistant District Attorney who now handles criminal defense and crime victim representation, and civil attorneys with expertise in employment, municipal, and school matters. We have internal capability and external partnerships to offer cutting edge services in technology and electronically stored information, with a practice group leader who has certification from ACEDS (the Association of Certified eDiscovery Specialists).  Attorneys in our practice group are members of AWI (the Association of Workplace Investigators).

Reach out to SMGG for assistance with an issue that requires an independent eye.  Contact Gretchen Moore or Laura Gutnick at Strassburger McKenna Gutnick & Gefsky to discuss your options.

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