CHARLESTON – A 2012 lawsuit filed by two former West Virginia Department of Health & Human Resources employee who claimed they were retaliated against for whistleblowing has been settled.
Susan Perry and Jennifer Taylor alleged filed their lawsuits after they claim they suffered retaliation after raising issues with the way the agency handled bids.
In February, a notice of mediation was filed in Kanawha Circuit Court, according to court documents. The amount of the settlement, while public, was not included in the court documents.
The lawsuit was filed against the DHHR, former secretary Rocco Fucillo, deputy secretary Warren Keefer and Bryan Rosen.
In June 2014, Circuit Judge James C. Stucky granted the DHHR’s motion for summary judgment and dismissed the lawsuit. It was appealed and, in April 2016, the state Supreme Court ruled that Stucky had made an error in his decision.
Perry and Taylor alleged retaliatory discharge, gender discrimination, false light invasion of privacy and whistleblowing claims. The state Supreme Court justices ruled that while the whistleblowing claims should move forward, Stucky was right to throw out the other claims.
The trial had been scheduled for early April before the settlement was reached.
Perry and Taylor were represented by Walt Auvil, Michele Rusen and Barbara H. Allen.
The defendants were represented by Charles R. Bailey and Dawn E. George.
Kanawha Circuit Court case number: 12-C-2029