ADA

Haas v. Wyoming Valley Health Ctr., No. 3:03-CV-1966 (M.D.Pa. Mar. 31, 2008)

The United States District Court for the Middle District of Pennsylvania granted a hospital's post-trial motion for judgment as a matter of law in Americans with Disabilities Act ("ADA") and Rehabilitation Act claims brought against it by an orthopedic surgeon and held that the surgeon was not entitled to relief because he posed a "direct threat" to the health and safety of the patients at the hospital.

The surgeon relinquished his privileges and was granted a one-year leave of absence after suffering an episode of bipolar disorder while performing a knee replacement. Approximately a year and a half later, and in consideration of a recommendation by the surgeon's psychiatrist, the Credentials Committee recommended the surgeon's privileges be reinstated with the condition that he be supervised/assisted by a board certified orthopedic surgeon. The surgeon was unable to secure such supervision, but a general surgeon did agree to accompany him. The surgeon brought ADA and Rehabilitation Act claims against the hospital after the hospital refused to eliminate the condition which required supervision by a board certified orthopedic surgeon. After the physician received a jury verdict in the amount of $250,000, the district court granted the hospital's motion for judgment as a matter of law. The court observed that there is no ADA or Rehabilitation Act wrongdoing when the disability poses a "direct threat" to the health and safety of others which cannot be eliminated by reasonable modification. The court concluded that the orthopedic surgeon supervision requirement was permissible and that supervision by a general surgeon was not a reasonable modification in the light of patient safety needs.