NJ: Appeals Court Overturns Verdict in Whistle-Blowing Case

A state appeals court has overturned a verdict against a Bridgewater nursing home accused of firing a nurse in retaliation for him reporting allegedly improper patient care to government agencies in January 2008.

Jurors in March 2012 agreed with the claim made by James Hitesman that his termination from Bridgeway Senior Healthcare violated the Conscientious Employee Protection Act, or CEPA, which is designed to protect employees in whistle-blower cases.
That CEPA claim was based in part on Hitesman’s contention that he was fired when, in keeping with a professional code of ethics for nurses, he reported the improper patient care, according to his attorney, Paul Castronovo.

But the appellate judges found that since the code of ethics only applies to nurses, it cannot be cited as part of a CEPA claim against Bridgeway. In addition, the appellate decision released Friday said Hitesman “ lacked an objectively reasonable belief that Bridgeway's conduct constituted improper quality of patient care or violated public policy.”

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Appeals Court Overturns Verdict in Whistle-Blowing Case Against a Bridgewater Nursing Home