CHARLESTON – Two former CAMC registered nurses have sued the hospital network saying they were fired after making patient safety reports after a patient died.
Heather Baisden and Kristin Pauley filed their individual complaints October 6 in Kanawha Circuit Court against CAMC Health Network doing business as Vandalia Health Network and Charleston Area Medical Center dba CAMC.
Both women were fired in early August 2024, according to the complaints. Both also were under employment contracts that started in 2023 and were to be renewed in three consecutive one-year terms. They both were to be paid $65 per hour.
The women received termination letters on CAMC letterhead saying their terminations would be effective in 30 days, but they both were told not to report to work in the interim.
“During her employment with defendant CAMC, plaintiff raised concerns about patient safety relating to life-threatening patient events and had them directed to the defendants’ agents and or agents both directly and indirectly,” the complaints state. “During her employment, the defendants implied the plaintiff committed an act that required she be fired for gross misconduct allegedly in accordance with the defendants’ policies.”
They say CAMC’s Human Resources Department never counseled either of them prior to their terminations. HR also was not present during either firing. Manager Shanley Amick had CPICU nurse manager Julie Jarrett as her witness during both termination meetings.
Both women say CAMC subjected them and other co-workers to retaliation based upon complaints of patient safety and of violations of nursing, medical and hospital standards and regulations. They say that created an intimidating, hostile or offensive working environment.
They say CAMC violated the West Virginia Patient Safety Act on multiple occasions and tolerated retaliation perpetrated against both women. They made complaints in May or June 2024 with CAMC alleging a patient who later died did not receive proper care in according with nursing, hospital and health care standards.
In addition to the complaints about patient safety submitted by both plaintiffs, both of their complaints say CAMC received complaints about patient safety that referenced each nurse as a witness.
“CAMC was aware that a trainee of the plaintiff complained about patient safety before the termination of (Baisden and Pauley),” the complaints state. “A former coworker of (Baisden and Pauley) heard Megan Pauley talking about (Kristin Pauley and Baisden) getting fired prior to us getting terminated, laughing and bragging about it. …
“CAMC was aware that after hearing of (the plaintiffs’ firings), at least one of the physicians on their staff safe that (Baisden and Pauley were) ethical.”
The complaints also say the defendants did not report Baisden and Pauley to the West Virginia Board of Nursing.
The plaintiffs say the defendants wrongfully terminated them in retaliation for their good faith complaints and actions regarding the alleged hospital wrongdoing, waste and patient safety.
“In one of the instances, plaintiff Baisden observed wrongdoing regarding safety she reported verbally and in writing, she was precepting a new graduate Jaci Newcomer,” the complaints state. “Typically, the nurse precepting the new grad steps back and lets the new grad perform tasks independently while observing and making sure they are performing adequate and safe care.”
The complaints say the patient being treated by Newcomer and Baisden was “complaining of impending doom and pain when they arrived.” Newcomer began texting nurse practitioner Megan Pauley, who was on call. Megan Pauley had made it known for nurses to only text her, not call.
“Megan Pauley slowly gave orders throughout the night,” the complaints state. “Megan Pauley was dismissive toward Jaci Newcomer and asked, ‘Do you even know how to troubleshoot (said task)?’ It was typical behavior of Megan Pauley to berate female nurses.”
After having trouble with the medical device of the patient and trying to correct it, the patient coded. Megan Pauley was at Thomas Hospital and had to travel to CAMC Memorial, which is about a 15-minute drive.
Baisden called the patient’s family, and the family gave permission to stop treatment and declare the patient a DNR (do not resuscitate). The complaints say Megan Pauley arrived at the end of the code and was talking to her attending physician on the phone asking for advice. The complaints say Megan Pauley never announced she had arrived, said what her title was or that it was her patient.
“The in-house doctor was still calling the shots when Megan Pauley arrived due to her not announcing herself,” the complaints state. “Heather Baisden walked over and shouted to where the in-house doctor and Megan Pauley both could hear that the family just requested the patient become DNR and to stop with life-saving measures.
“Megan Pauley then began yelling out more orders and did not want the code to end despite what Baisden had just said, creating waste and wrongdoing. After Heather Baisden believes a dose of Lidocaine was administered by another nurse per Megan Pauley, Megan Pauley then ceased with resuscitation.”
After most of the staff had left, Newcomer, Kristin Pauley, Baisden and nurse Alicia Meadows began performing postmortem care. Megan Pauley was in the room and began crying, according to the complaint, saying she was overwhelmed with her job, expressing frustration with the in-house doctor and saying she felt as if they were “stealing” Pulmonary Associates of Charleston’s – her employer – patients.
The plaintiffs say they filed their safety reports for multiple reasons, including that it is not safe for the PAC group to take care of so many units at CAMC with such critical patients.
“If Megan Pauley had been on site, she could have come to bedside and assessed the patient hours before,” the complaints state. “And instead of berating the nursing staff and Jaci Newcomer over text … Megan Pauley should have called or gave further instructions sooner. … If Megan Pauley had allowed a phone call, the while situation leading up to the patient coding could have been solved sooner.
“The patient may not have coded if Megan Pauley answered more promptly or was on site. …
“It was also very unprofessional of Megan Pauley to talk to the female staff the way she does. The nurses should all be here to perform the best care possible for patients, not argue with staff.”
Both plaintiffs say they did not receive subsequent employment offers because of their firings by CAMC.
The nurses accuse the defendants of violating substantial state public policing, including the West Virginia Patient Safety Act as well as unlawful retaliation.
They seek general damages including back pay, front pay and lost benefits as well as damages for mental anguish, emotional distress, humiliation, aggravation, inconvenience, damage to reputation. They also seek punitive damages, attorney fees, court costs and other relief.
The plaintiffs are being represented by John Einreinhofer of the Law Offices of John Einreinhofer in South Charleston and by G. Patrick Jacobs of Jacobs Law Office in Charleston.
Kanawha Circuit Court case numbers 25-C-1181 (Baisden) and 25-C-1183 (Pauley)
