Arguing that the request is too broad, a 60-year-old former UCLA emergency department nurse is asking a judge to quash a subpoena by the UC Regents that seeks medical information about her dating back to 2011 as part of her retaliation lawsuit.
Lisa Pettinelli’s Los Angeles Superior Court lawsuit alleges she was the subject of a backlash that included her 2021 firing because she spoke openly about her concerns about patient care and employee work conditions. Her claims are for retaliation and failure to prevent discrimination and/or retaliation.
The regents’ subpoena asks Pettinelli’s doctor to produce, among other things, all medical, office and emergency room records, radiological reports, medical tests and inpatient and outpatient charts, plus X-ray, MRIs, CT scans and radiological reports dating back to October 2011.
In court papers filed Aug. 15 with Judge Kerry Bensinger in advance of a Sept. 24 hearing, Pettinelli’s attorneys maintain the subpoena asks for too much information that has no bearing on the regents’ defense.
“The … subpoena is vastly overbroad and seek documents that violate Pettinelli’s right to privacy, has no relevance to this case, nor are they reasonably calculated to lead to the discovery of admissible evidence,” the plaintiff’s lawyers argue in their pleadings.
Based on the regents’ “attempt to conduct a fishing expedition through Ms. Pettinelli’s constitutionally protected records without satisfying its duties under the law, Pettinelli requests that the court quash defendants’ overbroad subpoena, or in the alternative limit it to only Pettinelli’s medical records related to her disability disclosed to defendants and her emotional distress injuries,” the plaintiff’s attorneys further state in their court papers.
Pettinelli, a registered nurse, was hired in June 2001 and worked in the UCLA Santa Monica Medical Center emergency department as a charge nurse, the suit filed in May 2023 states.
During her employment, Pettinelli disclosed her anxiety regarding the alleged lack of quality care being provided to emergency department patients, including alleged inadequate staffing, violations of staffing ratios and the hiring of inadequately trained or unqualified staff, the suit states.
Pettinelli also spoke out about the alleged lack of medically needed supplies and materials and her concerns about the coronavirus safety protocol, according to the suit.
Pettinelli revealed her concerns that management had a history of retaliating against those who brought complaints or concerns forward, which she maintained discouraged employees from coming forward about such issues and for those same problems to escalate instead of being reduced, the suit states.
“These disclosures included that management was known to bully, intimidate and retaliate against those who spoke up or raised concerns that were counter to management’s agenda, but also that management showed favoritism to those who did not speak up against management’s agenda,” the suit states.
Less-outspoken employees received preferential scheduling vacation times, the suit states.
Management’s bullying, retaliation and intimidation reached such levels that Pettinelli and others reported that it impacted morale in the emergency department so severely that patient care quality was affected, the suit states.
Pettinelli signed petitions stating that the policies, procedures, practices and conduct of the Emergency Department’s leadership has perpetuated an unsafe, unjust culture, the suit states.
“When management learned of the petitions, it expressly promised retaliation against those who supported the complaints,” according to the suit, which further states that Pettinelli was a leading voice expressing her concerns.
Pettinelli participated in public protests regarding patient safety concerns and employee working conditions, the suit states.
Rather than stopping the retaliation, management allegedly permitted it to keep going and it had an adverse affect on the plaintiff’s schedule, work hours, time off, compensation, the decision to remove her from charge nurse duties and her eventual October 2021 firing, the suit states.
In earlier court papers, the regents’ attorneys state that Pettinelli’s causes of action are barred wholly or in part by both the statute of limitations and because any action taken concerning the plaintiff was justified, done in good faith and for legitimate reasons.