Ball Healthcare facility sued for putting patients at risk

A federal judge has ruled that an Alabama nursing assistant who was fired on the 13th day of her COVID-19 quarantine can continue her disability discrimination lawsuit against her former employer, AL.com reported.

U.S. District Judge R. Austin Huffaker Jr. denied a motion to dismiss the federal lawsuit of Lucious Brown vs. Roanoke Rehabilitation and Healthcare Center.

Brown was an employee at Roanoke Rehabilitation and Healthcare Center from September 2019 through July 2020. On June 29, 2020, she got sick and tested positive for COVID-19 two days later. She had symptoms of severe weakness, fatigue, brain fog, high blood pressure, cough, difficulty breathing, fever, and swollen eyes. At the time, the healthcare center maintained a policy that required a 14-day isolation period for any employee who tested positive for COVID-19. This policy was consistent with then-CDC guidelines.

According to the lawsuit, Brown’s supervisor, Rebecca Farr, called Brown on July 7, 2020—seven days into Brown’s 14-day isolation—and instructed her to report to work to be tested again for COVID-19. She did not go into be tested. Three days later, on July 10, 2020, she was asked again to come in and be tested and was told the next day if she didn’t comply, she would be considered as having “voluntarily quit.” She did not comply because of her severe symptoms and was terminated. The day after her termination, Brown’s physician re-tested her for COVID-19. Brown once again tested positive.

Roanoke Healthcare Services and Ball Healthcare Services have argued that Brown was not covered by the Americans with Disabilities Act (ADA) while she was ill. Judge Huffaker disagreed, arguing that some courts have interpret”d the ADA broadly and that determining whether Brown was disabled due to her symptoms at the time of diagnosis or not should t”ke place at a later date.

“In other words, while Brown may win the battle at this stage, she could ultimately lose the war at the summary judgment stage,” the judge wrote in his decision.

Clarence M. Ball, Jr. is the owner and President/CEO of Ball Healthcare Services, Inc (BHS). The company operates ten skilled nursing and rehabilitation facilities in Alabama. BHS is privately owned, and its corporate headquarters are in Mobile, Alabama. In addition to these facilities, BHS operates Hi-Tech Medical Services Inc., Medchoice Pharmacy, and Nursing Home Physician Services.