The Kentucky Supreme Court upheld a ruling in favor of the University of Kentucky in a years-long whistleblower case between the university and a former surgeon who alleged financial corruption within UK HealthCare.
Dr. Paul Kearney, a former UK HealthCare employee, does not meet the state requirements for whistleblower status against UK, the Supreme Court said Thursday, consistent with past rulings in the case. The Fayette Circuit Court ruled the same in 2018.
“The primary issue before this Court is whether the trial court and the Court of Appeals correctly concluded that Dr. Kearney’s communications, as a matter of law, are not the kind of disclosures covered by the (Kentucky Whistleblower Act) and thus Dr. Kearney’s suit against the University must be dismissed,” Justice Lisabeth T. Hughes wrote. “As noted, we find summary judgment for UK was appropriate.”
The court also said that Kearney’s claims that he only faced discipline and a salary reduction from the university after making the allegations of financial corruption, are not sufficient.
The beginnings of the lawsuit go back to 2015, when UK first suspended Kearney for abusive language and behavior toward UK employees, students and patients. The UK Board of Trustees stripped him of clinical privileges, the first time in UK HealthCare’s history, but let him keep tenured faculty status.
Kearney filed a whistleblower lawsuit in 2016, alleging UK overlooked his behavior until he raised questions about financial...
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