An appeal process has been initiated in a federal lawsuit against Erlanger Health after a local surgical technician was awarded nearly $1 million in connection with an alleged violation of her disability rights.
Within the past week, the former surgical technician, Theresa Westbrook, and Erlanger hospitals both filed respective notices to appeal certain outcomes of the case to a higher court, court records show.
Westbrook intends to appeal her denied request to be reinstated to her job or have front pay in lieu of reinstatement, according to a Monday notice, while Erlanger intends to appeal the judge’s final order, which awarded her almost $300,000 in attorney’s fees and prejudgment interest in addition to the damages awarded by a jury.
She was awarded $960,935 — $500,000 in punitive damages, $100,000 in compensatory damages, $289,323 in attorneys’ fees, $64,633 in back pay and $6,979 in prejudgment interest, according to a June 26 amended judgment order.
A jury found earlier this year that Westbrook proved by a preponderance of evidence the Chattanooga-Hamilton County Hospital Authority, which does business as Erlanger Health, failed to reasonably accommodate her in violation of the Americans with Disabilities Act, the order said.