Mileski v. Gulf Health Hosps., Inc.

• Decision Date: 31 March 2016
• Docket Number: CA 14-0514-C
• Citation: Mileski v. Gulf Health Hosps., Inc., CA 14-0514-C (S.D. Ala. Mar 31, 2016)
• Parties: NOELLE MILESKI, Plaintiff, v. GULF HEALTH HOSPITALS, INC., d/b/a THOMAS HOSPITAL, Defendant.
• Court: U.S. District Court — Southern District of Alabama

NOELLE MILESKI, Plaintiff, v. GULF HEALTH HOSPITALS, INC., d/b/a THOMAS HOSPITAL, Defendant.

CA 14-0514-C

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

March 31, 2016

MEMORANDUM OPINION AND ORDER

This matter is before the Court on the motion for summary judgment filed by defendantGulf Health Hospitals, Inc. d/b/a Thomas Hospital (Doc. 30),¹ along with its brief (Doc. 33) and evidentiary submission (Doc. 31), plaintiff's response in opposition (Doc. 36), along with her evidentiary submission (Doc. 37), and the defendant's reply brief (Doc. 43) and additional evidentiary submission (Doc. 42).²The parties have consented to the exercise of jurisdiction by the Magistrate Judge, pursuant to 28 U.S.C. § 636(c), for all proceedings in this Court.(CompareDoc. 7(specifically advising the parties that this case had been randomly assigned to him for all purposes, including trial, directing the Clerk of Court"to send to each party, for informational purposes, a copy of the Court's form Consent to the Exercise of Jurisdiction by a United States Magistrate Judge," and informing the parties that "[i]f there is no request for reassignment filed by December 14, 2014, the undersigned will treat this as a consent case pursuant to 28 U.S.C.§ 636(c)."(emphasis in original))withDoc. 9(on December 22, 2014, the following remark was recorded on the Docket Sheet: "Because there was no request for reassignment filed by December 19, 2014, the undersigned will treat this as a consent case pursuant to 28 U.S.C. § 636(c).").)Upon consideration of the foregoing pleadings, with attachments, the Court concludes that defendant's motion for summary judgment(Doc. 30) is due to be GRANTED IN PART and DENIED IN PART.

FINDINGS OF FACT

Noelle Mileski has a history of depression dating to her teenage years when she was sexually abused.(CompareDoc. 37, Exhibit A, Deposition of Melissa Noelle Mileski, at 25withDoc. 46, Sealed Progress Notes of Cindy Carpenter Dated June 4, 2013.)³Mileski testified that her depression would "come and go" over the years (Doc. 37, Exhibit A, Mileski depo., at 30);⁴ in her 20s she was successfully treated without medication by a physician but when she was going through her divorce in 2012, she was prescribed antidepressants by her general physician (id. at 26-27).When Mileski began her employment at Thomas Hospital in August of 2010,⁵she was not having any mentalhealth problems (Doc. 37, Exhibit A, Mileski depo., at 30) and, therefore, did not indicate on the Initial Health History form she completed that she suffered from any chronic illness or condition (Doc. 31, Exhibit 1, Mileski depo.at 29 & Exhibit 1 to Mileski depo.).This form, of course, nowhere specifically requested information relative to mental health issues, as it did regarding diabetes, high blood pressure, heart problems, and the like.(Seeid.)

Mileski worked as a unit tech at Thomas for the duration of her employment.(SeeDoc. 37, Exhibit A, Mileski depo., at 41-42.)Plaintiff was generally assigned to the Medical Intensive Care Unit ("MICU"), a 10-bed unit where her duties were divided between general clerical work and patient care, but during some of her shifts plaintiff had to float to another unit in the hospital and work.(Compareid. at 41-44withDoc. 31, Exhibit 1, Mileski depo., at 45-46.)During the approximately three years she was employed at Thomas Hospital, plaintiff floated to many units, including the cardiac/telemetry unit on Two North.(Seeid. at 46-48.)George Pappas was the nursing manager of the cardiac/telemetry unit (Doc. 37, Exhibit G, Deposition of George Pappas, at 17 & 20) and when a unit tech was needed to cover for a nursing assistant who was out in Pappas' unit, that unit tech would strictly assist the nurses in caring for patients (Doc. 31, Exhibit 6, Pappas depo., at 21-22 & 24-25).⁶

Blair Nelson, who was either Mileski's team leader on MICU or her nursing manager, never had any problems with plaintiff's work performance or attendance⁷; she was a good employee who was never disciplined, met all standards on her evaluations,⁸ and never complained about not wanting to perform any aspect of her job, including floating to other departments.(Doc. 37, Exhibit B, Deposition of Blair Nelson, at 40-43, 48 & 89;seeDoc. 31, Exhibit 4, Nelson depo., at 43-44(Nelson never received complaints from other units to which plaintiff floated about plaintiff's work performance or attitude);Doc. 37, Exhibit C, Deposition of Georgie Cain, at 49(no nursing manager ever brought to her attention any work performance, attendance or disciplinary issues involving plaintiff).)Nelson was unaware of anything particularly negative associated with working in the cardiac unit and none of her employees informed her of any negative experiences they had in floating to the cardiac unit; rather, Nelson simply appreciated that her employees preferred working in their home unit.(Doc. 37, Exhibit B, Nelson depo., at 46.)

Nelson had an open-door policy as nurse manager and encouraged all employees to let her know if anything was bothering them.(Id. at 63.)To this end, her employees, including Mileski, would discuss personal issues with her, including life issues and stressors.(Id. at 64.)For instance, Nelson knew that Mileski was going through a stressful divorce and that her problems with her soon-to-be ex-husband even encroachedon her work in the unit;⁹ the nurse manager was also aware of stress plaintiff experienced associated with her special-needs child and the birth of another child while employed at Thomas, along with the grief and stress associated with her mother's death in the MICU.(Doc. 37, Exhibit A, Mileski depo., at 64-65.)According to plaintiff, Nelson also knew about the sexual abuse she suffered as a child, as plaintiff specifically told her about the abuse, and that she had started seeing Cindy Carpenter¹⁰ in February of 2013 because her depression had returned due to her mother's death, stress from her divorce, and her history of being a victim of sexual abuse.(Doc. 37, Exhibit A, Mileski depo., at 31-35 & 37;but cf.Doc. 37, Exhibit B, Nelson depo., at 85-86 & 89(Nelson's testimony that she learned about plaintiff's issues with sexual abuse as a child and teenager, about her history of depression, and that she was being treated at The Harbor only after May 31, 2013, not before).)¹¹And though (in early 2013)plaintiff felt "very close to the way [she] felt before when [she] was not able to leave the house[]"(Doc. 37, Exhibit A, Mileski depo., at 31), her depression/mental health conditions did not affect her work, and shedid not ask for any restrictions or accommodations, because she"worked very hard to keep" these issues from impacting her work.(Id. at 32 & 51;see alsoid. at 87("I was able to do my job regardless of my medical condition.").)¹²All of this changed on May 31, 2013.

On the night of May 30, 2013, plaintiff argued with her ex-husband over the custody of her oldest son; her ex-husband threatened to take plaintiff back to court in order to have her parental rights revoked.(Doc. 37, Exhibit A, Mileski depo., at 91;see alsoDoc. 46, June 4, 2013 Progress Notes of Cindy Carpenter.)Plaintiff had nightmares and did not sleep well.(Id.)Mileski went to work the morning of May 31, 2013, and clocked in at 6:44 a.m.(SeeDoc. 31, Exhibit 5, Deposition of Pam Bailey, at 32;compareid.withDoc. 37, Exhibit A, Mileski depo., at 54-56(though the events of the morning of May 31, 2013 are "foggy" for plaintiff and she does not specifically remember clocking in, she admits that she must have clocked in based on the attendance clock reflecting that she did so at 6:44 a.m.).)Plaintiff went to the MICU and (probably) saw that she was assigned to the cardiac unit (seeid., at 56); Mileski, who was in an admittedly upset/unsettled state (seeDoc. 37, Exhibit B, Nelson depo.at 76-77(Nelson was not told that plaintiff was specifically upset about the floating assignment, only that she was upset before she left the MICU) & 81 ("[F]rom what I understand, she showed up, was upset, and then left the unit.")),¹³ left the MICU but instead of reporting to the cardiacunit, she left the hospital (Doc. 37, Exhibit A, Mileski depo., at 57) without clocking out (compareDoc. 31, Exhibit 5, Bailey depo., at 33-34(no clock out time)with Exhibit 1 to Bailey depo., at BatesNo. 000078 & Doc. 37, Exhibit A, Mileski depo., at 57 & 58(plaintiff's testimony that if the records show she did not clock out, then she did not clock out))¹⁴ or advising anyone in a supervisory capacity that she was leaving¹⁵(seeDoc.31, Exhibit 6, Pappas depo., at 23-24(when he arrived at his unit on the morning of May 31, 2013, he was informed that Mileski had not arrived to fulfill her floating assignment to cover for one of his nursing assistants)).¹⁶

Blair Nelson was driving into work on May 31, 2013, when she was notified that Mileski had not reported to her assignment on the cardiac unit (Doc. 37, Exhibit B, Nelson depo., at 74); Nelson called the MICU and was informed that plaintiff was upset when in the MICU but was no longer there, information which obviously concerned Nelson since she knew plaintiff had not made it to the cardiac unit (seeid.).Upon fielding a call from Amy Lindley, a nurse on the MICU who was a friend of plaintiff, which indicated that plaintiff was at the Fairhope Pier threatening to harm herself, Nelson drove to the pier out of her concern for plaintiff.(Id. at 77-79.)¹⁷Mileski was notat the pier when Nelson arrived (Doc. 37, Exhibit B, Nelson depo., at 79); however, Nelson learned when she arrived at Thomas Hospital that plaintiff had been transported to the hospital's emergency room (id. at 92-93).¹⁸A patient care worksheet dated May 31, 2013, reflects that plaintiff was having suicidal ideations and took a drug overdose, consisting of 3½ Ambien, 10 Ultram, 2 Aleve...