
Maria Gatchalian spent 30 years as a NICU nurse at Kaiser Permanente, repeatedly reporting unsafe staffing and patient safety failures. In 2019, Kaiser fired her - citing a photo of her with bare feet resting on an incubator during a break. A jury found the photo was a pretext. The real reason was the reports. They awarded her $41.49 million.
NICU Nurse Reported Unsafe Staffing. Kaiser Fired Her. Jury Said $41.5M.
Thirty years. That is how long Maria Gatchalian spent in the neonatal intensive care unit at Kaiser Permanente's Woodland Hills hospital in Los Angeles - watching over the smallest, most fragile patients in the building. She was not just a nurse. For 13 of those years she was the charge nurse, the one responsible when something went wrong at 2am with a baby who weighed less than two pounds.
She Kept Filing Reports
Gatchalian's complaints to management were specific and serious. She reported that a supervisor had allowed a visitor into the NICU who was known to be carrying a knife. She reported two nurses who could not agree on what catheter to use on a baby in critical condition - and did not ask for help. She reported a nurse who forgot to feed a baby. She reported a staff member who disclosed a patient's protected health information to a man whose paternity had not been confirmed. The reports went in. Nothing came back out.
The Photo They Used
In June 2019, after 30 years of service, Kaiser fired her. The stated reason: a photograph. A patient's family member had secretly snapped a picture of Gatchalian sitting in a recliner during a break, her bare feet resting on an isolette - the enclosed incubator used for premature and sick newborns. Kaiser called it unacceptable behavior and terminated her employment. She was 63 years old.
What the Jury Decided
Gatchalian sued Kaiser in 2021. On December 14, 2023, a Los Angeles jury delivered a unanimous verdict. The photo was a pretext, they found. The real reason Kaiser fired her was retaliation for her patient safety complaints. The jury awarded $41.49 million in damages - $11.49 million in compensatory damages (including $9 million for emotional distress) and $30 million in punitive damages. Kaiser stated it was "surprised and disappointed" and planned to appeal.
After the Verdict
A judge later reduced the punitive damages from $30 million to $10 million, bringing the total to approximately $21.49 million. Both sides have appealed the ruling. Gatchalian's attorney David deRubertis stated: "Maria had the courage to speak up about patient safety but Kaiser tried to silence her." The case stands as one of the largest retaliation verdicts against a major US hospital system.
Frequently Asked Questions
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Verified Fact
Verified Dec 14, 2023 · 5 sources checked
Source: Nurse.orgShow verification details
Claims checked
- 30-year NICU nurse at Kaiser Permanente, fired in 2019
- Firing followed reports on unsafe staffing and safety failures
- Jury found bare-feet photo was a pretext, awarding $41.49M
- Award later reduced to about $21.49M, both sides appealing
Sources: Nurse.org, Jury Verdict Alert, Becker's Hospital Review, HealthExec, ANC News
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