Lack Of Evidence Dooms Nurse's Whistleblower Jury Win

Law360 (August 4, 2020, 5:52 PM EDT) -- A Texas appellate court on Tuesday reversed a roughly $55,000 jury verdict in favor of a nurse who brought a whistleblower suit against OakBend Medical Center, saying there wasn't enough evidence to show the hospital knew about an Occupational Safety and Health Administration complaint she filed before she was fired.

Judge Russell Lloyd, writing for the panel, said that nurse Dawn Simons did present evidence to enable the jury to conclude she was objectively reasonable in her belief that OakBend retaliated against her by denying her tuition reimbursement. But there is nothing in the record showing that OakBend was aware of...

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