CHARLESTON — A lawsuit against Philips Healthcare Informatics Inc. has been removed to federal court.
"This action is properly removable pursuant to 28 U.S.C. § 1441(b) because the United States District Court has original jurisdiction of this action pursuant to 28 U.S.C. §1332, because there is complete diversity of citizenship between the parties, and the amount in controversy, exclusive of interests and costs, exceeds $75,000," attorneys for Philips wrote in the notice of removal.
The notice cites that the plaintiff, John M. Hensley, is a Virginia resident and that Philips is a Delaware corporation and Joseph Dent, the other defendant, is a Kentucky resident.
"Neither Defendant is a citizen of the State of West Virginia," the notice states.
Hensley filed the lawsuit initially in Kanawha Circuit Court, alleging the defendants violated the West Virginia Human Rights Act.
Hensley began employment with the defendants in May 2015 and continued employment with them until July 26, 2017, according to the suit.
Hensley claims in late 2015, he began experiencing pain in his back and numbness in his leg with a tingling sensation and, after multiple doctor's visits, he underwent surgery in June 2016 for his medical condition, which required him to take a leave of absence from work for about a week.
The plaintiff took a second leave of absence for a second surgery in December 2016, according to the suit.
After his surgeries, he became a target for inappropriate harassing, degrading and embarrassing behavior by Dent, who often made comments that the plaintiff was "milking" his condition, according to the suit.
Hensley claims the defendants unlawfully, willfully and maliciously terminated his employment on July 26, 2017.
The plaintiff alleges his termination was disability discrimination and that the defendants violated the West Virginia Human Rights Act.
Hensley is seeking compensatory damages with pre- and post-judgment interest. He is represented by Rodney A. Smith and Todd S. Bailess of Bailess Smith.
Philips is represented by Cory E. Ridenour and Maria Greco Danaher of Ogletree, Deakins, Nash, Smoak & Stewart.
U.S. District Court for the Southern District of West Virginia Case number: 2:19-cv-00843
