HUNTINGTON — A case against CVS alleging wrongful termination of a pharmacist was removed to federal court.
A notice of removal was filed in the case on Oct. 24, after CVS contended the case did not belong in state court.
CVS argued the case belonged in federal court due to the diversity of citizenship between parties and because the amount in controversy exceeds the sum or value of $75,000.
"If Plaintiff proves a claim of wrongful termination, she would be entitled to backpay in the amount of $2,953.88 per week from the date of her discharge (October 19, 2018) through the date of trial (assumed to be October 19, 2020)," the notice states. "During that two year period, Plaintiff’s back wages alone would total approximately $307,203.52 – which is well in excess of $75,000 jurisdictional minimum."
Nikki Russo, a licensed pharmacist, claims she was fired on Oct. 19, 2018, due to her disability and/or being regarded as disabled, being female and/or for reporting practices that caused a threat to patient safety, according to a complaint initially filed Sept. 16 in Cabell Circuit Court before being removed to federal court.
During her employed with CVS, Russo was always rated as exceeding expectations and ranked top 5 percent of CVS pharmacists in various categories, however, after she suffered a needle stick while immunizing a patient on Sept. 30, 2015, she was diagnosed with a needle phobia, according to the complaint.
Russo claims she had to undergo treatment for six months following the needle stick, including HIV tests and other blood monitoring.
After a pharmacy restructure in January 2018, Russo and the two staff pharmacists analyzed that the workload and reduction in hours was a threat to patient safety and Russo reported it to CVS, according to the suit.
Russo claims she also documented where other CVS pharmacists were violating pharmacy policy by allowing technicians to mix antibiotics and prepare C-II prescriptions in order to meet store metrics.
The plaintiff also noted several other issues throughout 2018 and reported them to CVS, according to the suit.
Russo claims she began to suffer retaliation in the form of allegations of complaints against her for not immunizing patients and she was fired.
Russo is seeking compensatory and punitive damages. She is represented by Amy Crossan of Bouchillon, Crossan & Colburn; and Richard E. Fradette.
CVS is represented by Lindsay M. Gainer of Littler Mendelson in Charleston.
U.S. District Court for the Southern District of West Virginia Case number: 3:19-cv-00774
