Morris v. Shinseki

18 F. Supp. 3d 923, 2014 WL 1764735, 2014 U.S. Dist. LEXIS 60664
CourtDistrict Court, S.D. Ohio
DecidedMay 1, 2014
DocketCase No. 3:12-cv-282
StatusPublished
Cited by3 cases

This text of 18 F. Supp. 3d 923 (Morris v. Shinseki) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morris v. Shinseki, 18 F. Supp. 3d 923, 2014 WL 1764735, 2014 U.S. Dist. LEXIS 60664 (S.D. Ohio 2014).

Opinion

DECISION AND ENTRY GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Doc. 19)

TIMOTHY S. BLACK, District Judge.

This civil case is before the Court on the Motion for Summary Judgment filed by [926]*926Defendant the Department of Veterans Affairs. (Doe. 19). Plaintiff filed a Memorandum in Opposition to Defendant’s Motion. (Doc. 21). Defendant filed a Reply in Support of Motion for Summary Judgment. (Doc. 33). Defendant’s Motion is now ripe.

I. FACTS

Plaintiff Rosiland Morris (“Plaintiff’) is an African-American female who currently works as a Diagnostic Radiologic Technologist at the Dayton Veterans Affairs Medical Center in Dayton, Ohio (the “DVAMC”). Plaintiff received an associate’s degree and registry in Radiology from Sinclair Community College in 1972. She began her employment with the DVAMC as a Diagnostic Imaging Technician on April 3,1993.

In late 2005, the DVAMC installed a Magnetic Resonance Imaging (“MRI”) scanner. In 2004, in anticipation of the scanner’s arrival, Plaintiff and a co-worker pursued MRI certification from Sinclair Community College. As part of her MRI training, Plaintiff participated in clinical work at Grandview Medical Center. The program required 320 hours of hands-on training and practice, and Plaintiff exceeded the hourly requirement. Additionally, in August of 2005, Plaintiff went to Las Vegas, Nevada, for a week to attend further MRI training. And even after she received her certificate and the MRI machine was installed, Plaintiff continued to receive on-the-job training at Grandview with the approval of her supervisors.

Plaintiffs MRI training included instruction on safety. A Medical Center Policy dedicated to “Magnetic Resonance Imaging (MRI) Safety” outlines safety policies and procedures expected of personnel at the DVAMC. The policy states that, “[tjhere are risks and safety concerns inherent in an MRI environment due to the generation of strong magnetic fields, and that the magnet is always on.” The responsibilities of MRI personnel include “screening] all patients, non-MR staff and other individuals, prior to allowing access to Zone III” (the “control room”). The policy goes on to state: “[n]on-MR staff, and other individuals, who are granted access to Zone III (after appropriate screening) are under the direct supervision of MRI personnel.”

Plaintiff is familiar with the DVAMC’s MRI policies and is required to review them each year. Further, the policies and procedures are easily accessible to the employees. Plaintiff also asserts that she is “very knowledgeable” about MRI safety and felt “absolutely 100%” adequately trained and aware of the dangers involved in using the MRI machine. In fact, in describing her duties as an MRI Certified Technologist, Plaintiff states on her resume: “[i]t is my sole responsibility to ensure that each patient is not in any danger when entering the MRI scanner.”

Plaintiff also testified that she is competent to run the MRI machine by herself, though, generally, two MRI Techs were supposed to staff the machine as a safety precaution. Shortly after the machine was installed, Plaintiff was working in the department alone and scanning between twelve and fourteen patients during the day. Plaintiff also worked nights and weekends. For an eight-month period, Plaintiff was the only MRI technologist working at the DVAMC.

Plaintiff was involved in a patient safety issue operating the MRI machine in July 2010. After receiving an MRI operated by Plaintiff, a patient called the hospital to report a burn on his arm. Plaintiff denies any wrongdoing with regard to the incident, and the record in this case does not indicate that Plaintiff was found at fault for the burn incident.

[927]*927On Friday, October 29, 2010, Plaintiff was the only MRI technologist on duty and was responsible for running all of the scans herself. Though two MRI techs were supposed to work the MRI machine for safety reasons, Plaintiff testified that she is “competent enough” to run the machine alone and she had previous experience doing so. Plaintiffs last patient was scheduled for approximately 11:00 a.m. that day. That morning, a nurse in the Intensive Care Unit (“ICU”) requested an additional scan of an ICU patient. Plaintiff agreed to add the patient to her schedule after lunch. The patient was on a ventilator to supplement his breathing, and he was escorted to the MRI suite around 2:00 p.m. by an ICU nurse, Kerry Han-kins, and a respiratory therapist, Patricia Hammond. Hammond had never escorted a patient to MRI before and, at that time, respiratory therapists were not trained on MRI safety.

Plaintiff prepared for the patient by turning on the equipment, detaching the scan table to make it easier to transfer the patient, and obtaining the appropriate coils. Plaintiff also turned on the oxygen source in the wall of the MRI scanning room and attached the MRI safe leads because she knew the patient was on a ventilator. Plaintiff confirmed with the nurse that the respiratory therapist would be bringing the MRI safe ventilator. Plaintiff met Hankins and Hammond in the MRI waiting room. She observed thé metal oxygen tank when the patient arrived. According to Plaintiff, if there is an individual, like Hammond, who is entering the MRI suite for the first time, it is important for them to know that no metal can enter the scanning room. Plaintiff asserted that MRI Technicians should not assume that people know the dangers of the MRI machine.

Before the patient was transported to the scanning room, Plaintiff testified that she told the respiratory therapist, “[n]o oxygen tanks, no metal, no nothing ... Nothing goes beyond this area.” As Plaintiff adjusted the patient at the end of the scanner so that he was laying straight, Plaintiff was “not concentrating on anybody but the patient.” At some point Hammond walked out of the room. However, while Plaintiff was adjusting the patient, Hammond reentered the scan room with the ventilator stand and the attached metal oxygen tank. The MRI immediately attracted the metal oxygen tank, and it flew across the room into the bore of the MRI scanner. According to Plaintiff, the oxygen tank “zoom[ed] right by [her] face.” Fortunately, no one was injured in the serious incident. However, the MRI machine suffered around $70,000 worth of damage.

In direct response to the incident, Plaintiff received a memorandum from Dr. Neil Katz, Chief of Therapeutic and Diagnostic Imaging and her supervisor, changing Plaintiff’s detail from MRI Technologist to General Radiology. The change in detail was made “pending further investigation” of the accident. Dr. Katz also initiated a factfinding investigation where he interviewed the people involved in the incident. In his initial report, Dr. Katz concluded:

It is the responsibility of the MRI technologist to maintain a safe environment for both staff and patients, and this was not done in this situation ... There were clear violations of Medical Center Policy 114-10, MRI Safety, in at least two area[s]: Paragraph 5.a.(2)MRI Level 2 personnel will screen all patients, non MRI staff and other individuals pri- or to allowing access to Zone III... .All staff requiring access to Zone III [the control room] and Zone IV [the scan room] must complete the Staff MRI Screening form ... Paragraph 5.b. (13) [928]*928All stretcher patients are checked for ferrous 02 cylinders ... These are not allowed in Zone III. There were also violations of Radiology Policy 2056, MRI-NON-MRI Personnel Monitoring Patients.

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Cite This Page — Counsel Stack

Bluebook (online)
18 F. Supp. 3d 923, 2014 WL 1764735, 2014 U.S. Dist. LEXIS 60664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-shinseki-ohsd-2014.