A former Kaiser Foundation Hospitals pharmacist who is suing the health care company, alleging she was wrongfully fired in 2022, should not be able to introduce evidence she suffers from post-traumatic stress disorder after allegedly being robbed during work at a Kaiser pharmacy in Northridge, defense attorneys argue in new court papers.
Ani J. Adamian’s Los Angeles Superior Court lawsuit allegations include wrongful termination and disability harassment.
The 43-year-old Adamian, who is of Armenian ancestry, says in her suit that she was not only punished for taking leave to take care of herself and her relatives during the coronavirus pandemic, but that she also suffers from post-traumatic stress disorder acquired when she was robbed of her purse at gunpoint while working at a Kaiser facility in Northridge in September 2016.
Kaiser attorneys say Adamian was fired for alleged time card fraud. In court papers filed Wednesday with Judge Richard L. Fruin, defense lawyers argue that the alleged holdup has nothing to do with Adamian’s case. The court papers were brought in advance of the scheduled Oct. 7 start of trial.
“Other than her own testimony, there is no evidence plaintiff was actually diagnosed with PTSD,” the Kaiser attorneys argue in their pleadings. “Even if she was, neither the robbery nor her purported PTSD are relevant to plaintiff’s remaining claims…”
In addition, any PTSD evidence would be “plainly unfairly prejudicial, and intended to inflame the jury’s emotions,” the Kaiser attorneys further contend in their court papers.
The Kaiser lawyers further maintain that Adamian should not be permitted to present any “#metoo” evidence to jurors.
“Allegations that other employees were subjected to wrongful treatment by (Kaiser) is not relevant to plaintiff’s claims,” the Kaiser attorneys state in their pleadings. “Therefore, such evidence should be excluded.”
In the same vein, the defense lawyers want to exclude any testimony by Mahshied “Mikki” Shakibafar, who still works for Kaiser. Defense attorneys state in their court papers that Shakibafar’s allegations in a sworn declaration that a supervisor discriminated against her because she is a Middle Eastern woman with rheumatoid arthritis has no bearing on Adamian’s remaining claims.
According to her lawsuit, Adamian was hired as a pharmacist intern in August 2004 and later as a regular pharmacist after she completed her schooling. For 18 years, she had an impeccable history of documenting her working hours and following the laws and defendants’ policies, the suit states.
During the last few months of her Kaiser employment, Adamian, her parents, her spouse and her child contracted the coronavirus, requiring her to take time off in July 2022 to care for her relatives and herself, the suit states. When Adamian returned to work in late July, her supervisor sent her a message that read, “We need to set up a time to discuss your COVID leave … and attendance,” the suit brought in November 2022 states.
Adamian provided documentation, including a doctor’s note for her son and an explanation that her son was still not allowed to return to school because of his positive test, the suit states. Adamian also told her supervisor that the plaintiff’s father needed monoclonal antibody infusions after he tested positive because he is on dialysis for kidney disease.
Nonetheless, Adamian’s boss told her in August that she had concerns about Adamian’s attendance and her leaving work for family needs, stating, “I have an investigation that has not been completed yet,” the suit states.
Adamian was suspended in September 2022 and fired a month later, according to the suit.