CHARLESTON — Charleston Area Medical Center and a physician that works at the hospital are denying all allegations against them in a gender discrimination lawsuit.
CAMC argues there was no violation of public policy in the complaint and it should be dismissed.
"There was no adverse employment action taken with respect to the plaintiff and as such the Complaint should be dismissed," CAMC argued.
The conduct complained of in the case occurred by third parties outside of the direction and control of the defendant and the complaint failed to state a claim upon which relief could be granted.
"There was an absence of harassment or improper conduct on the part of any defendant in this matter and the Complaint fails to state a cause of action..." CAMC contends in its answer.
CAMC argues the plaintiff wasn't treated in a disparate manner compared to other residents in the residency program.
Dr. Sharon Londeree Istfan says there was no breach of any contractual, statutory or common law duty owed to the plaintiff during the residency term.
"Plaintiff's claims for negligent and intentional infliction of emotional distress fail to state a claim upon which relief may be granted because she does not allege the occurrence of a contemporaneous physical injury with any alleged act or omission that allegedly caused her to experience emotional distress," Istfan contends.
Istfan also argues that the plaintiff is not a whistleblower as defined by the state law and that were was no adverse action taken against her as the result of her responding to questions and/or reporting information regarding WVU Medical School personnel.
Dr. Madison Shirkey Anderson on Oct. 27, 2020, was asked by Istfan to meet with Sharon Hall regarding a formal investigation into the actions of Dr. Neil Copeland, who was accused of sexual harassment, sexual assault and being under the influence of alcohol on the job, according to a complaint filed in Kanawha Circuit Court.
Anderson claims she was interviewed by Hall and confirmed knowledge related to the impropriety involving Copeland that she had witnessed. The following day, Istfan asked her to speak about what happened at the meeting even though she knew the meeting was supposed to be confidential.
"While the defendant's request was inappropriate, the plaintiff felt she had no choice but to tell Dr. Istfan about the meeting," the complaint states.
On Dec. 18, 2020, Anderson and many other residents sent an e-mail to Hall and Istfan with concerns related to the fact that many female faculty members were leaving and they felt it was related to the investigation into Copeland, which did not culminate in any discipline levied against Copeland, according to the suit.
Anderson claims the e-mailed response from the defendants told them to move on.
Anderson claims when she was voted to become co-chief resident, she met with the defendants to discuss concerns about sex discrimination but was told she was being "too cliquey" and "untrustworthy" and informed that the hospital would not honor its contract with her for the chief resident position and placed her on probation.
Anderson claims she took her concerns to the hospital's chief counsel, but the defendants continued to be hostile toward her she eventually transferred out of the residency program at CAMC and into one with Marshall University.
Once she had informed CAMC she was leaving, Istfan refused to provide the necessary paperwork for the transfer, delayed the process, made defamatory statements to MU about her, threatened to file a GME report and continued to retaliate against Anderson, according to the suit.
Anderson is seeking compensatory and punitive damages. She is represented by Crystal Hawkins Castleberry of Castleberry Law Offices in Morgantown.
Kanawha Circuit Court case number: 22-C-798
