Date: 12-03-2014

Case Style: Janna Esau v. CSCC Nursing, LLC, Adcare Health Systems, Adcare Consulting, LLC and Adcare Oklahoma Management, LLC

Case Number: CJ-2013-3010

Judge: Rebecca B. Nightingale

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Kris Ledford

Defendant's Attorney: Kim Coats, Eva Madison and Jonathan Rector

Description: of Oklahoma.
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STATEMENT OF FACTS
Plaintiff, Janna Esau (“Ms. Esau”), for her cause of action against Defendant, CSCC
Nursing, LLC (“CSCC Nursing”), alleges and states as follows:
1. Ms. Esau is an individual who resides in Tulsa County.
2. CSCC Nursing is a Georgia limited liability company which is doing business in Tulsa County. CSCC Nursing operates a nursing home located at 6201 East 36th Street, Tulsa, Oklahoma known as Companions Specialized Care Center.
3. The acts giving rise to this lawsuit occurred substantially in Tulsa County, State
4. In March of 2013, Ms. Esau was hired by CSCC Nursing as an LPN.
5. Throughout her employment with CSCC Nursing, Ms. Esau performed all of hei.
C.
job duties in a professional and appropriate manner.
6. On June 1, 2013, Ms. Esau was asked to come in early at 5:00 p.m. because other employees were out on leave. Ms. Esau reported to work at 5:00 p.m. as she was requested to
7. As a licensed nursing home in the State of Oklahoma, CSCC Nursing is governed by Oklahoma’s Nursing Home Care Act, 63 0.5. § 1-1900.1 et seq., and rules and regulations promulgated pursuant to said Act by the State Department of Health.
8. Under Oklahoma law, the operation of a nursing home in violation of the Nursing Home Care Act and rules and regulations promulgated pursuant to said Act constitutes a public nuisance which is inimical to the public welfare.
9. Medication aides and other licensed professionals working in a nursing home facility must abide by strict rules regarding the storage, handling, and administration of narcotic pain medications. At no time are narcotic pain medications to be kept in an employee’s pocket.
10. Refusing to administer pain medications to a nursing home resident which have been prescribed by the resident’s physician and instead stealing those pain medications constitutes abuse, neglect or exploitation of a nursing home resident.
11. During her June 1St shift, Ms. Esau observed actions taken by a medication aide which caused her to suspect that the medication aide was failing to administer pain medications to nursing home residents and instead stealing the residents’ narcotic pain medications. Ms. Esau contacted the Assistant Director of Nursing (“ADON”) by phone and reported her suspicions.
12. Later that evening, Ms. Esau observed the medication aide take additional actions which caused her to conclude that the medication aide was failing to administer the medications and instead stealing narcotic pain medications. Ms. Esau attempted to contact the ADON by phone but was unable to reach her. She then called the Nursing Home Administrator (“Administrator”) to report this serious issue.
13. Ms. Esau was asked to make sure the medication aide remained at the facility but the employee had already walked outside the building. Due to the physical size of the medication aide (approximately 6’ tall and 240 lbs.), Ms. Esau did not put her personal safety at risk by attempting to force the employee to come back into the building.
14. The Administrator called the police who later detained the employee and conducted interviews of Ms. Esau and several residents regarding the actions taken by the
medication aide. Residents reported that the medication aide had refused to give then their pain medication as prescribed by their doctors.
15. On June 2, 2013, Ms. Esau was suspended without explanation by a weekend supervisor who is a friend of the medication aide suspected of stealing narcotic pain medication.
16. On June 4, 2013, CSCC Nursing terminated Ms. Esau.
COUNT I-BURK WRONGFUL DISCHARGE CLAIM
17. Ms. Esau’s reporting of the actions of the medication aide to the Administrator was required by Oklahoma’s Nursing Home Care Act.
18. Ms. Esau’s reporting of the actions of the medication aide was an important act which was necessary to protect the health and safety of nursing home residents at Companions Specialized Care Center.
19. A significant and motivating factor in the decision to terminate Ms. Esau was retaliation for her reporting of the actions of the medication aide.
20, Terminating a nursing home LPN in retaliation for reporting the actions of a medication aide as described herein constitutes a Burk wrongful discharge which is contrary to Oklahoma’s clearly established public policy that protects internal whistle-blowers who comply with statutory obligations. See Burkv. K-Mart Corp., 19890K 22, 770 P,2d 24.
21. As a result of her wrongful termination, Ms. Esau has suffered damages.
22. Under Burk, Ms. Esau is entitled to recover compensation for her lost earnings and benefits—past, present and future—resulting from her termination as well as dignitary harms including any physical or mental distress or anguish.
23. The actions of CSCC Nursing in terminating Ms. Esau were intentional, willful, malicious or, at a minimum in reckless disregard for the rights of others, thereby warranting the imposition of punitive damages against CSCC Nursing.
COUNT lI-INTENTIONAL INFLICTION OF EMOTION DISTRESS
24. In a day and time when our society desperately needs individuals who are willing to report abuse and neglect of our most vulnerable nursing homes citizens, CSCC Nursing’s actions in terminating Ms. Esau for standing up for the rights of those who are unable to defend themselves is extreme and outrageous behavior which goes beyond all possible bounds of decency and is atrocious and utterly intolerable in a civilized society.
25. CSCC Nursing intentionally or recklessly caused severe emotional distress to Ms. Esau beyond that which a reasonable person could be expected to endure.
26. Ms. Esau is entitled to recover actual and punitive damages from CSCC Nursing.
COUNT III - NEGLIGENCE
27. In the alternative, CSCC Nursing’s actions in terminating Ms. Esau for standing up for the rights of those who are unable to defend themselves constitute negligence.
28. Ms. Esau suffered damages as a result of CSCC Nursing’s negligence.
29. At a minimum, CSCC Nursing’s actions exhibit a reckless disregard for the rights of others thereby warranting the imposition of punitive damages against CSCC Nursing.
WHEREFORE, Plaintiff; Janna Esau, requests this Honorable Court to: (a) award her a judgment against Defendant, CSCC Nursing, LLC, for actual damages in an amount in excess of $75,000.00 and for punitive damages in an amount in excess of $75,000.00, (b) award her any and all additional expenses incurred in this cause including, but not limited to, court costs and reasonable attorneys fees; and (c) award her such other and further relief as is appropriate and just.

Outcome: 12-03-2014 DISPCVDMWP 1 CSCC NURSING LLC 92135957 Dec 3 2014 1:44:08:360PM - $ 0.00
DISMISSAL WITH PREJUDICE
12-03-2014 DISPCVDMWP 2 CSCC NURSING LLC 92135958 Dec 3 2014 1:44:08:580PM - $ 0.00
DISMISSAL WITH PREJUDICE
12-03-2014 DISPCVDMWP 3 CSCC NURSING LLC 92135959 Dec 3 2014 1:44:08:650PM - $ 0.00
DISMISSAL WITH PREJUDICE
12-03-2014 DISPCVDMWP 4 ADCARE CONSULTING LLC 92135960 Dec 3 2014 1:44:08:680PM - $ 0.00
DISMISSAL WITH PREJUDICE
12-03-2014 DISPCVDMWP 4 ADCARE HEATH SYSTEMS INC 92135961 Dec 3 2014 1:44:08:730PM - $ 0.00
DISMISSAL WITH PREJUDICE
12-03-2014 DISPCVDMWP 4 ADCARE OKLAHOMA MANAGEMENT LLC 92135962 Dec 3 2014 1:44:08:760PM - $ 0.00
DISMISSAL WITH PREJUDICE
12-03-2014 DISPCVDMWP 5 ADCARE CONSULTING LLC 92135963 Dec 3 2014 1:44:08:780PM - $ 0.00
DISMISSAL WITH PREJUDICE
12-03-2014 DISPCVDMWP 5 ADCARE HEATH SYSTEMS INC 92135964 Dec 3 2014 1:44:08:820PM - $ 0.00
DISMISSAL WITH PREJUDICE
12-03-2014 DISPCVDMWP 5 ADCARE OKLAHOMA MANAGEMENT LLC 92135965 Dec 3 2014 1:44:08:840PM - $ 0.00
DISMISSAL WITH PREJUDICE
12-03-2014 DISPCVDMWP 6 ADCARE CONSULTING LLC 92135966 Dec 3 2014 1:44:08:860PM - $ 0.00
DISMISSAL WITH PREJUDICE
12-03-2014 DISPCVDMWP 6 ADCARE HEATH SYSTEMS INC 92135967 Dec 3 2014 1:44:08:880PM - $ 0.00
DISMISSAL WITH PREJUDICE
12-03-2014 DISPCVDMWP 6 ADCARE OKLAHOMA MANAGEMENT LLC 92135968 Dec 3 2014 1:44:08:910PM - $ 0.00
DISMISSAL WITH PREJUDICE
12-03-2014 DISPCVDMWP 7 ADCARE CONSULTING LLC 92135969 Dec 3 2014 1:44:08:930PM - $ 0.00
DISMISSAL WITH PREJUDICE
12-03-2014 DISPCVDMWP 7 ADCARE HEATH SYSTEMS INC 92135970 Dec 3 2014 1:44:08:980PM - $ 0.00
DISMISSAL WITH PREJUDICE
12-03-2014 DISPCVDMWP 7 ADCARE OKLAHOMA MANAGEMENT LLC 92135971 Dec 3 2014 1:44:09:000PM - $ 0.00
DISMISSAL WITH PREJUDICE
12-03-2014 DISPCVDMWP 7 CSCC NURSING LLC 92135972 Dec 3 2014 1:44:09:020PM - $ 0.00
DISMISSAL WITH PREJUDICE
12-03-2014 DWP - CSCC NURSING LLC 92136183 Dec 3 2014 1:50:17:410PM - $ 0.00
DISMISSAL WITH PREJUDICE BY PLF AS TO ALL DEFS
Document Available (#1027832564)

Plaintiff's Experts:

Defendant's Experts:

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