Colorado paid $387,000 in an attempt to resolve a whistleblower lawsuit filed against the Colorado Department of Public Health and Environment by the state’s former disease control and public health response chief, who alleged he was fired in 2020 after disclosing the agency had mismanaged federal HIV money.
The amount is the maximum Dr. Tony Cappello could have received under Colorado’s statutory cap, which limits how much plaintiffs who sue the state can receive, Denver District Court Judge Shelley Gilman ruled in late July.
Cappello tried to argue that he was entitled to more money.
The funds were deposited into an account for Cappello earlier this month. In relinquishing the funds, the state did not admit fault. No attorneys fees were awarded.
The state can reclaim the money if Cappello appeals in the hope he can win a larger sum.
“We are considering our options and haven’t yet decided what next step to take,” said Ken Rossman, one of Cappello’s attorneys.
CDPHE, through a spokeswoman, declined to comment.
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