Heiden v. N.Y.C. Health & Hosps. Corp.
| Decision Date | 11 January 2023 |
| Docket Number | 20-cv-10288 (LJL) |
| Parties | RICHARD HEIDEN, M.D., Plaintiff, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, PHYSICIAN AFFILIATE GROUP OF NEW YORK, P.C., and ALAN KANTOR, M.D., Defendants. |
| Court | U.S. District Court — Southern District of New York |
Plaintiff Richard Heiden, M.D. (“Heiden” or “Plaintiff”) brings this action alleging claims of disability discrimination and retaliation against Defendants New York City Health and Hospitals Corporation (“H+H”), the Physician Affiliate Group of New York, P.C. (“PAGNY”), and Alan Kantor, M.D. (“Kantor,” and together with H+H and PAGNY “Defendants”), in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., the New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law. § 290 et seq., and the New York City Human Rights Law (“NYCHRL”), N.Y.C. Admin. Code § 8-101 et seq. Dkt. No. 1. Defendants move for summary judgment on all claims. Dkt. No. 58. Defendants also move to strike portions of Plaintiff's Rule 56.1 Statements of Fact. Dkt. No. 88. For the following reasons, the motion to strike is denied and the motion for summary judgment is granted in part and denied in part.[1] The Court grants summary judgment on the ADA and NYSHRL discrimination and retaliation claims and denies summary judgment on the NYCHRL discrimination and retaliation claims and the ADA, NYSHRL, and NYCHRL failure-to-accommodate claims.
The following facts are drawn from the parties' statements of material facts submitted pursuant to Local Rule 56.1 and the evidence submitted in connection with the motion. Dkt Nos. 64, 72. The facts are undisputed unless otherwise indicated. The record is construed in favor of the non-moving party.[2] Heiden is a licensed radiologist who was employed by the Lincoln Medical and Mental Health Center (“Lincoln”) and PAGNY and assigned to work at Lincoln. Dkt. No. 72 ¶¶ 1, 257. He specializes in diagnostic radiology. Id. ¶ 217. PAGNY is a professional services corporation organized and existing under the laws of the State of New York. Id. ¶ 4. PAGNY, through an affiliation agreement with H+H, provides clinical staff and physicians at public health facilities operated by H+H, including Lincoln. Id. H+H operates Lincoln and has “supervisory authority” over and the ability to “hire and fire” PAGNY employees. Id. ¶¶ 5, 259. Defendant Kantor, since 2016 and at all relevant times, held the position of Chair of Radiology at Lincoln. Id. ¶ 6.
Heiden received his medical degree from SUNY Downstate College of Medicine in 1983. He is licensed to practice medicine in New York State and at all relevant times, his license was up to date and in good standing. Id. ¶¶ 215-16. He completed a three-year residency training in diagnostic radiology at Bronx Lebanon Hospital Center and a one-year residence in the same at Harlem Hospital Center. Id. ¶¶ 218-19. He also completed a one-year fellowship in crosssectional imaging at State University of New York Stony Brook. Id. ¶ 220. From 2002 to 2012, he served in a variety of roles at the Interfaith Medical Center, Brookdale University Hospital, and Mary Immaculate Hospital, ranging from an attending physician to the Chairman of Radiology. Id. ¶¶ 221-25. From 2004 to 2005, he also taught as an Assistant Professor in the Department of Radiology at SUNY Downstate College of Medicine while working at the Interfaith Medical Center. Id. ¶ 222; Dkt. No. 69-31 (Heiden's curriculum vitae). Heiden has operated his own independent radiology practice for over twenty years, served as an expert witness in approximately thirty cases, and written approximately fifteen scholarly articles. Dkt. No. 72 ¶¶ 230-32.
Heiden, from approximately 2000 to 2012, worked as an independent medical expert (“IME”) for various insurance companies. Id. ¶ 11. In or about 2010, New York's Office of Professional Medical Conduct (“OPMC”) began investigating a claim that in 2009, Heiden had “overread” magnetic resonance images (“MRIs”) as for no-fault insurance claims. Id. ¶ 12. The concern was that this would result in inflated payouts for patients whom Heiden diagnosed as having conditions that the patients did not have. Id. ¶ 13. Heiden disputes that he overread any such MRIs. Id. ¶ 12. Heiden ceased working as an IME in December 2012, although the parties dispute whether it was the result of any “ultimate determination” by OPMC or that he was forced to do so. Id. ¶ 14. Heiden was interviewed by OPMC in connection with the investigation and, from April 16, 2014 to May 1, 2016, practiced under New York State Professional Medical Conduct Board Order 14-86, a Nondisciplinary Order of Conditions. Id. ¶ 15. Pursuant to that order, his work was reviewed and credibility assessed. Id. ¶ 16.
From in or about October 2012 through July 29, 2020, Heiden worked at PAGNY as a sessional, or part-time, assistant attending physician in the Radiology Department at the Coney Island Hospital (“CIH”). Id. ¶ 17. At CIH, Heiden practiced “diagnostic radiology,” which included “reading or interpreting X-rays and sectional images (e.g. CT or CAT scans),” but not “ultrasound images.” Id. ¶ 21. He was supervised by Dr. Yashwant Patel (“Patel”), who held the position of Vice Chairperson of Radiology from 2013 to 2019 and Interim Chairperson of Radiology from 2019 to August 2021. Id. ¶¶ 19-20.
In December 2018, while at CIH, Heiden missed a diagnosis of lung cancer that delayed diagnosis and treatment for the patient. Id. ¶¶ 23-25. As a result, in or about April 2019, CIH initiated a Root Cause Analysis (“RCA”). Id. ¶ 26. An RCA is a process used to retrospectively study events where patient harm occurred in order to identify and address the root cause or causes of harm and prevent similar events from happening in the future. Id. ¶ 27. It is not a disciplinary action. Id. ¶¶ 28, 310. As a part of a plan of correction for the missed diagnosis, Heiden reviewed the case and was counseled by the Chair of Radiography on chest radiograph interpretation, completed continuing medical education credits related to chest radiography, and reviewed literature on missed lung cancers. Id. ¶¶ 29-35. He underwent a Focused Professional Practice Evaluation (“FPPE”) beginning in April 2019. Id. ¶ 30. An FPPE is an intensive review of an expansive selection of cases handled by the subject physician. The cases are reviewed by a panel of peer specialists for the purpose of determining whether the physician demonstrates an appropriate level of professional capability. Id. ¶ 31. The result of the FPPE was “satisfactory” and found that “no further action [was] necessary” and that he was “competent to perform.” Id. ¶¶ 34-35, 229. When he left CIH, he was in “good standing.” Id. ¶¶ 24, 228-29.
In 2019, Heiden applied for the position of attending physician at Lincoln's Department of Radiology. Id. ¶ 233. As a part of the application, Patel completed a practitioner performance questionnaire and recommended that Heiden receive all appointments and credentials that Heiden was seeking related to employment at Lincoln. Id. ¶ 242. Patel indicated that Heiden was “never considered for disciplinary action,” never had his “status or authority to provide services . . . revoked, suspended, restricted, [or] not renewed,” and was never placed on “probationary status or reprimanded.” Id. ¶ 243. Two of Heiden's colleagues at CIH also completed peer reference evaluations that were submitted to Lincoln, which included twenty-four ratings of “outstanding,” eight ratings of “satisfactory,” and zero ratings of “unsatisfactory.” Id. ¶ 244. Those evaluations concluded that Heiden could perform the clinical privileges in a manner “consistent with the requirements for the safety of patients and the public.” Id. ¶ 246.
During the application process, Heiden was interviewed by a three-person committee at Lincoln which included Kantor, the Chair of the Radiology Department at Lincoln. Id. ¶¶ 44, 234-35. Kantor was one of the decisionmakers involved in the decision to offer Heiden employment at Lincoln. Id. ¶¶ 44, 236. Kantor, as the primary person responsible for granting privileges in Lincoln's Radiology Department, recommended Heiden for appointment after reviewing his application materials in August and September 2019. Id. ¶¶ 249-52. During his eventual employment at Lincoln, Heiden reported to Kantor. Id. ¶¶ 43, 258.
On July 10, 2019, PAGNY offered Heiden the role of attending physician. Id. ¶ 237. In or about August 2019, Heiden ceased sessional work at CIH prior to working full-time at Lincoln. Id. ¶ 18. Heiden received all of the required recommendations by September 26, 2019. Id. ¶ 253. On or about October 1, 2019, Heiden was appointed on a provisional basis to the medical staff at Lincoln in the position of attending physician in the Radiology Department for the period from September 26, 2019 to June 30, 2021. Id. ¶ 36.
All medical staff members appointed to Lincoln are “subject to an initial provisional period” and “upon satisfactory conclusion of that period . . ., may complete their initial 2 year cycle as determined by the Medical Staff Bylaws, Rules, and Regulations.” Id. ¶ 40. Furthermore, all newly-appointed medical staff members at Lincoln are subject to an initial FPPE within the first six months of appointment. Id. ¶ 68. After the initial FPPE, a subsequent FPPE of a medical staff member's performance can be triggered by a “significant patient event” or an “issue that arises that may affect patient safety.” Id. ¶¶ 68-69. An FPPE that results...
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