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January 2023

Denver Team Wins Defense Verdict in Whistleblower Case Against Nursing Facility

Partners Peggy Kozal and Andrew Lavin and Associate Russell Kalvelage secured a complete defense verdict on behalf of a skilled nursing facility ("SNF") after a jury trial in Colorado Springs. The plaintiff, a former Director of Rehabilitation ("DOR"), claimed he was a whistleblower who made a good faith report about a patient safety concern to the Colorado Department of Public Health and Environment. The DOR claimed the SNF retaliated against him and terminated his employment in violation of public policy because he made the report. The SNF denied knowing about the report and asserted that the DOR was terminated for legitimate non-retaliatory reasons. By the time of trial, government records demonstrated he had made a confidential report, yet the DOR claimed that those who made the decision to terminate him nevertheless knew about his report. After a week-long trial, the defense team obtained a favorable verdict for the SNF, as the jury agreed with one of the SNF’s defenses that the DOR failed to prove he made a report in good faith as required by Colorado’s health care workers retaliation law.

Andrew K. Lavin



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