Female Scientist Files Suit Against Duke School of Medicine For Discrimination, Retaliation

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On August 10, 2023, a female scientist in the anesthesiology department at Duke University’s School of Medicine filed a complaint against the school under Title VII and the Equal Pay Act. She told the U.S. District Court for the Middle District of North Carolina that Duke paid her less than her male colleagues, increased her hours without increasing her pay, and threatened her with demotions after complaining about it.

According to the complaint (lawsuit), she was the first female principal investigator (PI) to work in Duke’s hyperbaric medicine center. The term “principal investigator,” as used in scientific research, means an individual with a medical degree or Ph.D. appointed directly by third parties (usually the sponsors) to lead and oversee funded scientific research projects on their behalf.

Alleged Hostile Work Environment.

Reportedly, on August 14, 2019, the scientist accepted the position of Assistant Consulting Professor in the Department of Anesthesiology at the Duke University School of Medicine. Because she was expecting to undergo several surgeries, she negotiated a part-time role in which she would work ten hours per week at a $30,000 salary, according to the suit. The federal government funded her projects. Duke clarified it paid her $70 an hour. Additionally, the lawsuit alleged that she was promised to receive more money if she exceeded 10 hours per week.

However, the plaintiff said that her supervisor began assigning her to additional work starting in December 2020 and raised her hours to 20 to 40 hours per week without any extra pay. She contacted the human resources department, but the problem went uncorrected, according to court documents.

Additionally, she began talking to her other colleagues, who were male PIs, about their pay rates and learned that they were all making more than her. The suit claimed that one male PI earned $100,000 for the same work she performed while receiving less than half that amount.

Alleged Gender Discrimination.

The scientist alleges that she complained to Duke about gender discrimination in August 2021. She said her supervisor presented her with an ultimatum two weeks later:
She could either be demoted to a staff position or be downgraded to a job assisting a male PI or resign from her current faculty position. She refused all options, the complaint said.

Subsequently, Duke allowed her contract to lapse, leaving her with 20 hours a week and unclear employment rights under the university’s internal policies, the suit said. According to the complaint, this resulted in her making far less than the $70-per-hour pay rate she was not only promised but also that the university was charging the federal government.

Therefore, she claims in the complaint Duke’s refusal to compensate her at the same pay rate as her male counterparts constitutes a violation of the Equal Pay Act.

The University’s Alleged Retaliation.

After she filed her complaints with the U.S. Equal Employment Opportunity Commission (EEOC), Duke allegedly retaliated against her, according to the suit. This occurred when Duke tried to reclassify her to a nonfaculty position and deprive her of human resources (HR) services and grievance rights.

She also claims that the university interfered with her attempts to escape the discriminatory and retaliatory environment of the anesthesiology department. The complaint states that Duke required her to apply only for staff positions and refused to allow her to be hired as faculty by another department. Still, according to the suit, her supervisor “spread malicious and false information about her” and told her she was ineligible for a transfer. And by mid-2022, she said, her supervisor had begun to refuse to speak directly to her altogether.

Her suit seeks back pay, punitive damages, and attorney fees. To read the entire lawsuit (complaint), click here.

To read other legal documents, visit our website’s Articles and Documents section.

Contact Health Law Attorneys Experienced in Representing Health Care Professionals and Providers.

At the Health Law Firm, we provide legal services for all health care providers and professionals. This includes physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, resident physicians and fellows, assisted living facilities, ambulatory surgical centers, nursing homes, and other healthcare providers. We represent principal investigators, clinical professors, medical researchers and others in defense of allegations of scientific misconduct, research fraud and similar matters.

The lawyers of The Health Law Firm are experienced in both formal and informal administrative
hearings and in representing physicians in investigations and at institutional review board (IRB) investigations and hearings, and university academic hearings. We represent physicians accused of wrongdoing, in patient complaints, and in Department of Health investigations. Several of our attorneys act as expert witnesses in attorney’s fee litigation and in health law litigation.

To contact The Health Law Firm, please call (407) 331-6620 or toll free at (888) 331-6620 and visit our website at www.ThehealthLawFirm.com.

Sources:

Freedman, Emmy. “Duke Paid Female Scientist Less Than Male Peers, Suit Says.” Law360. (August 10, 2023). https://www.law360.com/health/articles/1709732?nl_pk=0cbd4c0b-c6c8-416a-9e67-b4affa63b102&utm_source=newsletter&utm_medium=email&utm_campaign=health&utm_content=2023-08-11&read_main=1&nlsidx=0&nlaidx=18

Dalesio, Emery. “Duke University to Pay $54M to Settle Suit Over Hiring Agreement with UNC.” Insurance Journal. (June 7, 2019). https://www.insurancejournal.com/news/southeast/2019/06/07/528679.htm

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

Attorney Positions with The Health Law Firm. The Health Law Firm is always looking for qualified attorneys interested in the practice of health law. Its main office is in the Orlando, Florida, area. If you are a member of The Florida Bar and are interested, forward a cover letter and your resume to: [email protected] or fax to: (407) 331-3030.

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2023 The Health Law Firm. All rights reserved.

 

By |2024-03-14T09:59:18-04:00October 11, 2023|Categories: Medical Education Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Female Scientist Files Suit Against Duke School of Medicine For Discrimination, Retaliation

Harvard May Fight Liability Claims for Morgue Manager’s Sale of Cadaver Body Parts

Attorney and Author George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law, and Hartley Brooks, Law Clerk, The Health Law Firm
On June 14, 2023, the previous Harvard morgue manager, his wife, and three others were indicted on charges of conspiracy and interstate transport of stolen goods in relation to their scheme of selling body parts from the Harvard medical school morgue.

 Following this indictment, two proposed class actions and a third claim have been filed against Harvard alleging it was negligent in its supervision of the morgue. To learn more, read my previous blog.

Similar Cases.

While grotesque, this is not the only case of its kind. In January 2023, a Colorado funeral home owner was sentenced to the maximum of 20 years in federal prison due to her defrauding relatives of the dead by dissecting and selling body parts from 560 corpses. Another example of this illegal misconduct is that of the mortuary worker in Arkansas who would send body parts to a man in Pennsylvania, this man (not a Florida man) was charged with abuse of a corpse, receiving stolen property, and dealing in proceeds of unlawful acts.

And how could we fail to mention the criminal conduct of a young Dr. Frankenstein, who sent his medical assistant Igor (pronounced Eye-gōre) to purloin the brain of Abbie Normal and used it for his own salacious purposes.

Harvard’s Options.

Lawyers involved in similar cases to those above predicted that Harvard may fight the liability charges and pursue a “rogue employee” defense. Harvard may claim that it is not responsible for the criminal actions of an employee acting out of the scope of their employment. It could also argue that it is not responsible for an employee’s action that was not reasonably foreseeable. Due to this, Harvard could file a motion to dismiss. In fact, I, myself, have “predicted” this.
To succeed, if it does not win a dismissal, Harvard will have to show that it took all reasonable steps to ensure that the bodies were being used only for their intended educational use. This is due to Massachusetts recognizing liability for negligence because of lax security. Examples of such reasonable steps could be a background check on a prospective morgue manager before employment, established policies and procedures forbidding such practices, a system of tracking the human remains, or having a direct supervisor for the morgue manager.

The Harvard case differs from other cases mentioned above due to the class actions being pursued against it. Since only some members of the class received the same injuries or damages, it would be hard to argue for a class so large. A legal question about the class’s rights also arises in this instance because the families agreed to transfer the remains as an anatomical gift to a third party (Harvard). Their right to a say in the disposition of the bodies may be limited or end at the point of the transfer. Though, the answer to this question may lay in the contract between Harvard and the families if it articulates a case for the release of the bodies. The contents of such a contract are unknown to the public at this time.

Harvard, show us the contract!

One alarming thought: could there be legal negligence on the part of the lawyers drafting the Harvard donation contract? I’ll be the judge of that one, I’m sure.

If Harvard does fight the liability claims, the plaintiffs could seek to add Harvard officials who oversaw the activities of the morgue, where the manager was said to be the only employee. These individuals may make similar arguments to those mentioned above. All this being said, there have been no updates or responses in the case of Harvard aside from its public statement condemning the manager’s actions as an abhorrent betrayal of trust.

Contact Health Law Attorneys Experienced in Representing Health Care Professionals and Providers.

At the Health Law Firm, we provide legal services for all healthcare providers and professionals. This includes scientists, pathologists, morgue directors (technically not usually licensed health professionals), clinical professors, medical researchers, clinical investigators, physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, home health agencies, hospitals, ambulatory surgical centers, pain management clinics, nursing homes, and any other healthcare provider. It also includes medical students, resident physicians, and fellows, as well as medical school professors and clinical staff. Our representation includes the defense of complex medical litigation.  We represent health facilities, individuals, groups, and institutions in contracts, sales, mergers, and acquisitions. The lawyers of The Health Law Firm are experienced in complex health litigation and both formal and informal administrative hearings. We also represent professionals accused of wrongdoing, patient complaints, and in audits and investigations.

To contact The Health Law Firm, please call our office at (407) 331-6620 or toll-free at (888) 331-6620 and visit our website at www.ThehealthLawFirm.com.

Sources: 

Associated Press. “Former Harvard Morgue Manager Stole Brains, Skin, and Other Body Partys to Sell Them, Indictment Say.” (14 June 2023). https://www.usnews.com/news/us/articles/2023-06-14/harvard-medical-school-morgue-manager-4-others-indicted-in-theft-sale-of-human-remains
Shiffman, John. “Former Colorado Funeral Home Owner Sentenced to 20 yrs for Selling Body Parts.” Reutuers. (4 January 2023). https://www.reuters.com/world/us/former-colorado-funeral-home-owner-sentenced-20-yrs-selling-body-parts-2023-01-04/  

Sloop, Hope. “Mortuary worker in Arkansas is indicted for selling stolen body parts to tattoo-covered Pennsylvania man she met on Facebook for $11K.” Daily Mail. (30 April 2023). https://www.dailymail.co.uk/news/article-12031285/Ex-mortuary-worker-Arkansas-indicted-selling-11K-worth-body-parts-Facebook.html  


About the Authors:
George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida, area.  www.TheHealthLawFirm.com.  The Health Law Firm, 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714.  Phone:  (407) 331-6620;  Toll-Free: (888) 331-6620.

Hartley Brooks is a law clerk at The Health Law Firm. She is preparing to attend law school.

Current Open Positions with The Health Law Firm.  The Health Law Firm always seeks qualified individuals interested in health law.  Its main office is in the Orlando, Florida, area.  If you are a current member of The Florida Bar or a qualified professional who is interested, please forward a cover letter and resume to:  [email protected] or fax them to (407) 331-3030.

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2023 The Health Law Firm. All rights reserved.

Harvard May Fight Liability Claims for Morgue Manager’s Sale of Cadaver Body Parts

Attorney and Author George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law, and Hartley Brooks, Law Clerk, The Health Law Firm
On June 14, 2023, the previous Harvard morgue manager, his wife, and three others were indicted on charges of conspiracy and interstate transport of stolen goods in relation to their scheme of selling body parts from the Harvard medical school morgue.

 Following this indictment, two proposed class actions and a third claim have been filed against Harvard alleging it was negligent in its supervision of the morgue. To learn more, read my previous blog.

Similar Cases.

While grotesque, this is not the only case of its kind. In January 2023, a Colorado funeral home owner was sentenced to the maximum of 20 years in federal prison due to her defrauding relatives of the dead by dissecting and selling body parts from 560 corpses. Another example of this illegal misconduct is that of the mortuary worker in Arkansas who would send body parts to a man in Pennsylvania, this man (not a Florida man) was charged with abuse of a corpse, receiving stolen property, and dealing in proceeds of unlawful acts.

And how could we fail to mention the criminal conduct of a young Dr. Frankenstein, who sent his medical assistant Igor (pronounced Eye-gōre) to purloin the brain of Abbie Normal and used it for his own salacious purposes.

Harvard’s Options.

Lawyers involved in similar cases to those above predicted that Harvard may fight the liability charges and pursue a “rogue employee” defense. Harvard may claim that it is not responsible for the criminal actions of an employee acting out of the scope of their employment. It could also argue that it is not responsible for an employee’s action that was not reasonably foreseeable. Due to this, Harvard could file a motion to dismiss. In fact, I, myself, have “predicted” this.
To succeed, if it does not win a dismissal, Harvard will have to show that it took all reasonable steps to ensure that the bodies were being used only for their intended educational use. This is due to Massachusetts recognizing liability for negligence because of lax security. Examples of such reasonable steps could be a background check on a prospective morgue manager before employment, established policies and procedures forbidding such practices, a system of tracking the human remains, or having a direct supervisor for the morgue manager.

The Harvard case differs from other cases mentioned above due to the class actions being pursued against it. Since only some members of the class received the same injuries or damages, it would be hard to argue for a class so large. A legal question about the class’s rights also arises in this instance because the families agreed to transfer the remains as an anatomical gift to a third party (Harvard). Their right to a say in the disposition of the bodies may be limited or end at the point of the transfer. Though, the answer to this question may lay in the contract between Harvard and the families if it articulates a case for the release of the bodies. The contents of such a contract are unknown to the public at this time.

Harvard, show us the contract!

One alarming thought: could there be legal negligence on the part of the lawyers drafting the Harvard donation contract? I’ll be the judge of that one, I’m sure.

If Harvard does fight the liability claims, the plaintiffs could seek to add Harvard officials who oversaw the activities of the morgue, where the manager was said to be the only employee. These individuals may make similar arguments to those mentioned above. All this being said, there have been no updates or responses in the case of Harvard aside from its public statement condemning the manager’s actions as an abhorrent betrayal of trust.

Contact Health Law Attorneys Experienced in Representing Health Care Professionals and Providers.

At the Health Law Firm, we provide legal services for all healthcare providers and professionals. This includes scientists, pathologists, morgue directors (technically not usually licensed health professionals), clinical professors, medical researchers, clinical investigators, physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, home health agencies, hospitals, ambulatory surgical centers, pain management clinics, nursing homes, and any other healthcare provider. It also includes medical students, resident physicians, and fellows, as well as medical school professors and clinical staff. Our representation includes the defense of complex medical litigation.  We represent health facilities, individuals, groups, and institutions in contracts, sales, mergers, and acquisitions. The lawyers of The Health Law Firm are experienced in complex health litigation and both formal and informal administrative hearings. We also represent professionals accused of wrongdoing, patient complaints, and in audits and investigations.

To contact The Health Law Firm, please call our office at (407) 331-6620 or toll-free at (888) 331-6620 and visit our website at www.ThehealthLawFirm.com.

Sources: 

Associated Press. “Former Harvard Morgue Manager Stole Brains, Skin, and Other Body Partys to Sell Them, Indictment Say.” (14 June 2023). https://www.usnews.com/news/us/articles/2023-06-14/harvard-medical-school-morgue-manager-4-others-indicted-in-theft-sale-of-human-remains
Shiffman, John. “Former Colorado Funeral Home Owner Sentenced to 20 yrs for Selling Body Parts.” Reutuers. (4 January 2023). https://www.reuters.com/world/us/former-colorado-funeral-home-owner-sentenced-20-yrs-selling-body-parts-2023-01-04/  

Sloop, Hope. “Mortuary worker in Arkansas is indicted for selling stolen body parts to tattoo-covered Pennsylvania man she met on Facebook for $11K.” Daily Mail. (30 April 2023). https://www.dailymail.co.uk/news/article-12031285/Ex-mortuary-worker-Arkansas-indicted-selling-11K-worth-body-parts-Facebook.html  


About the Authors:
George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida, area.  www.TheHealthLawFirm.com.  The Health Law Firm, 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714.  Phone:  (407) 331-6620;  Toll-Free: (888) 331-6620.

Hartley Brooks is a law clerk at The Health Law Firm. She is preparing to attend law school.

Current Open Positions with The Health Law Firm.  The Health Law Firm always seeks qualified individuals interested in health law.  Its main office is in the Orlando, Florida, area.  If you are a current member of The Florida Bar or a qualified professional who is interested, please forward a cover letter and resume to:  [email protected] or fax them to (407) 331-3030.

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2023 The Health Law Firm. All rights reserved.

Harvard May Fight Liability Claims for Morgue Manager’s Sale of Cadaver Body Parts

Attorney and Author George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law, and Hartley Brooks, Law Clerk, The Health Law Firm
On June 14, 2023, the previous Harvard morgue manager, his wife, and three others were indicted on charges of conspiracy and interstate transport of stolen goods in relation to their scheme of selling body parts from the Harvard medical school morgue.
 Following this indictment, two proposed class actions and a third claim have been filed against Harvard alleging it was negligent in its supervision of the morgue. To learn more, read my previous blog.

Similar Cases.

While grotesque, this is not the only case of its kind. In January 2023, a Colorado funeral home owner was sentenced to the maximum of 20 years in federal prison due to her defrauding relatives of the dead by dissecting and selling body parts from 560 corpses. Another example of this illegal misconduct is that of the mortuary worker in Arkansas who would send body parts to a man in Pennsylvania, this man (not a Florida man) was charged with abuse of a corpse, receiving stolen property, and dealing in proceeds of unlawful acts.
And how could we fail to mention the criminal conduct of a young Dr. Frankenstein, who sent his medical assistant Igor (pronounced Eye-gōre) to purloin the brain of Abbie Normal and used it for his own salacious purposes.

Harvard’s Options.

Lawyers involved in similar cases to those above predicted that Harvard may fight the liability charges and pursue a “rogue employee” defense. Harvard may claim that it is not responsible for the criminal actions of an employee acting out of the scope of their employment. It could also argue that it is not responsible for an employee’s action that was not reasonably foreseeable. Due to this, Harvard could file a motion to dismiss. In fact, I, myself, have “predicted” this.
To succeed, if it does not win a dismissal, Harvard will have to show that it took all reasonable steps to ensure that the bodies were being used only for their intended educational use. This is due to Massachusetts recognizing liability for negligence because of lax security. Examples of such reasonable steps could be a background check on a prospective morgue manager before employment, established policies and procedures forbidding such practices, a system of tracking the human remains, or having a direct supervisor for the morgue manager.
The Harvard case differs from other cases mentioned above due to the class actions being pursued against it. Since only some members of the class received the same injuries or damages, it would be hard to argue for a class so large. A legal question about the class’s rights also arises in this instance because the families agreed to transfer the remains as an anatomical gift to a third party (Harvard). Their right to a say in the disposition of the bodies may be limited or end at the point of the transfer. Though, the answer to this question may lay in the contract between Harvard and the families if it articulates a case for the release of the bodies. The contents of such a contract are unknown to the public at this time.

Harvard, show us the contract!

One alarming thought: could there be legal negligence on the part of the lawyers drafting the Harvard donation contract? I’ll be the judge of that one, I’m sure.
If Harvard does fight the liability claims, the plaintiffs could seek to add Harvard officials who oversaw the activities of the morgue, where the manager was said to be the only employee. These individuals may make similar arguments to those mentioned above. All this being said, there have been no updates or responses in the case of Harvard aside from its public statement condemning the manager’s actions as an abhorrent betrayal of trust.

Contact Health Law Attorneys Experienced in Representing Health Care Professionals and Providers.

At the Health Law Firm, we provide legal services for all healthcare providers and professionals. This includes scientists, pathologists, morgue directors (technically not usually licensed health professionals), clinical professors, medical researchers, clinical investigators, physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, home health agencies, hospitals, ambulatory surgical centers, pain management clinics, nursing homes, and any other healthcare provider. It also includes medical students, resident physicians, and fellows, as well as medical school professors and clinical staff. Our representation includes the defense of complex medical litigation.  We represent health facilities, individuals, groups, and institutions in contracts, sales, mergers, and acquisitions. The lawyers of The Health Law Firm are experienced in complex health litigation and both formal and informal administrative hearings. We also represent professionals accused of wrongdoing, patient complaints, and in audits and investigations.
To contact The Health Law Firm, please call our office at (407) 331-6620 or toll-free at (888) 331-6620 and visit our website at www.ThehealthLawFirm.com.

Sources: 

Associated Press. “Former Harvard Morgue Manager Stole Brains, Skin, and Other Body Partys to Sell Them, Indictment Say.” (14 June 2023). https://www.usnews.com/news/us/articles/2023-06-14/harvard-medical-school-morgue-manager-4-others-indicted-in-theft-sale-of-human-remains
Shiffman, John. “Former Colorado Funeral Home Owner Sentenced to 20 yrs for Selling Body Parts.” Reutuers. (4 January 2023). https://www.reuters.com/world/us/former-colorado-funeral-home-owner-sentenced-20-yrs-selling-body-parts-2023-01-04/  
Sloop, Hope. “Mortuary worker in Arkansas is indicted for selling stolen body parts to tattoo-covered Pennsylvania man she met on Facebook for $11K.” Daily Mail. (30 April 2023). https://www.dailymail.co.uk/news/article-12031285/Ex-mortuary-worker-Arkansas-indicted-selling-11K-worth-body-parts-Facebook.html  


About the Authors:
George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida, area.  www.TheHealthLawFirm.com.  The Health Law Firm, 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714.  Phone:  (407) 331-6620;  Toll-Free: (888) 331-6620.

Hartley Brooks is a law clerk at The Health Law Firm. She is preparing to attend law school.

Current Open Positions with The Health Law Firm.  The Health Law Firm always seeks qualified individuals interested in health law.  Its main office is in the Orlando, Florida, area.  If you are a current member of The Florida Bar or a qualified professional who is interested, please forward a cover letter and resume to:  [email protected] or fax them to (407) 331-3030.

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2023 The Health Law Firm. All rights reserved.
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