Floyd Medical Center

Floyd Healthcare Management and three of its leaders sued by the former head of Polk Medical Center deny any wrongdoing in her March firing, stating their action against her was justified.

Additionally, the defendants in the federal civil case say Kimberly Scoggins failed to comply with her obligations under the Family and Medical Leave Act and contend she doesn’t qualify as someone with a disability under the Americans with Disabilities Act — two claims Scoggins is pressing in her wrongful termination suit.

Scoggins has sued the management company, Floyd Medical Center President and CEO Kurt Stuen­kel, emer­gency room director Dr. Kevin Hard­well and chief medical officer Joseph Biuso.

She’s claimed the defendants violated the law by accessing her pharmacy records, improperly accusing her of a prescription pill addiction and violating the Family and Medical Leave and the Americans with Disabilities acts in March when they fired her. She also states she was fired because of her gender and replaced with a less-qualified man.

Scoggins and her husband have requested a jury trial, her job reinstated with back pay and punitive damages. No trial date is set.

The defendants filed their separate responses over the past few weeks. They ask that Scoggins’ complaint be dismissed or judgments be entered in their favor.

“The Floyd Defendants neither made any decision nor took any action that was motivated by malice or evil or intent; nor were the Floyd Defendants callously indifferent to Plaintiffs’ protected rights,” Stuenkel’s response states.

Scoggins’ complaint claims that her employers insisted she was an addict and forced her into a drug treatment program, which led her to use 12 weeks of leave under the Family and Medical Leave Act. Discharged four days later, Scoggins was chided for refusing them access to her private medical records. Stuenkel and Biuso said she had “betrayed their trust,” and she was then fired despite her being on medical leave.

Stuenkel in his response admits that Scoggins was told in March that she must enter a treatment center to keep her job. However, he denies that she objected and became emotional. Stuenkel additionally denies that Scoggins was unlawfully forced or coerced into unnecessary medical treatment.

“Plaintiff did not comply with her responsibilities, obligations and duties under the Family and Medical Leave Act,” Floyd Healthcare and Stuenkel’s response states. “The Floyd Defendants fully complied with the Family and Medical Leave Act.”

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