Over the span of the past several years, beginning in 2009, serious complaints about the management of G.V. Montgomery Veterans Affairs Medical Center located in Jackson, Mississippi, have surfaced. The issue boiled over earlier this year when, in March, the United States Office of Special Counsel sent a letter to the White House indicating that the Office of Special Counsel had found a pattern of problems at G.V. Montgomery Veterans Affairs Medical Center.
The United States Office of Special Counsel is an independent federal agency responsible for receiving whistleblower complaints and prosecuting claims under the Whistleblower Protection Act. It received the complaints in question. The Office of Special Counsel conducted interviews and ultimately issued the letter to the White House mentioned above. The complaints involved a wide array of issues, from improper sterilization practices, poor staffing, and missed diagnoses. Furthermore, the complaints indicated that these issues occurred over a lengthy span of time—six years.
The first of the complaints, dating to 2009, involved allegations that the VAMC failed to properly sterilize equipment. In 2011, another employee made allegations that sterilization workers were not following proper procedure, including wearing protective clothing. In 2012, a primary care doctor made allegations that nurses were prescribing medications that they were not authorized to prescribe. Dr. Phyllis Hollenbeck also complained that, because of inadequate physician staffing in the primary care unit, nurses were providing care that they were not licensed to provide. Finally, in 2013, a retired ophthalmologist complained that a former radiologist at the VAMC regularly marked images as read when, in fact, they were not.
In response to the whistleblowers’ complaints and the letter from the Office of Special Counsel, the United States Department of Veterans Affairs opened an investigation. The public disclosure of the details of the complaints by the Office of Special Counsel, which was highly unusual, also lead to an outcry by patients at the VAMC. The VAMC and the Department of Veterans Affairs attempted to assuage concerns by holding open meeting with patients on April 3, 2013.
Earlier this year, Joe Battle, the director of G.V. Montgomery Veterans Affairs Medical Center, hired a new assistant director, who started in May. In June, Mr. Battle also issued statements indicating that he would be recruiting a new chief of staff and nurse director. However, despite his attempts to remedy the problem, one of the key whistleblowers—Dr. Hollenbeck—indicated that the VAMC remains seriously understaffed. Dr. Hollenbeck’s continued concerns also came amidst statements from Representative Jeff Miller of the House Committee on Veterans Affairs that G.V. Montgomery Veterans Affairs Medical Center needing to be taking more aggressive action to remedy problems plaguing it.
Earlier this month, the Department of Veterans Affairs issued findings that G.V. Montgomery Veterans Affairs Medical Center did not have adequate physician staffing in its primary care unit, leading to nurses being responsible for too many patients. The findings also suggested that further investigation may be necessary.
Although it does not appear that the whistleblowers in this situation suffered retaliation by G.V. Montgomery Veterans Affairs Medical Center for voicing their complaints, such is not always the case. Unfortunately, whistleblowers often face retaliation, including termination, harassment, demotions, and the like. There are federal laws preventing this type of retaliation if you are a federal employee. Certain protections for private employees also exist in Mississippi.
If you are an employee and find yourself in a situation in which you have voiced or believe you need to voice complaints about practices by your employer and are facing retaliation or have concerns about potential retaliation, Barrett Law, PLLC can help you understand your rights and the protections to which you may be entitled. We have a long history of protecting the rights of whistleblowers. Contact us today at (601) 790-1505 to schedule an initial consultation.
