Defendants respond to lawsuits filed by hospital’s former CEO, nursing director

The defendants in two separate lawsuits filed by former Eureka Springs Hospital employees who say they were wrongfully terminated filed answers to the complaints on Tuesday, March 4, in Carroll County Circuit Court.

The defendants — the hospital along with Eureka Springs Hospital Commission members Brian Beyler, David Carlisle, Sharon Deramus and Sandy Martin and former commissioner Kent Turner — deny allegations by former hospital chief executive officer Angie Shaw and former director of nursing Jessica Petrino, who were fired three days apart in early November.

Attorney Gregory F. Payne of Rogers filed separate lawsuits on behalf of Shaw and Petrino on Dec. 6. Shaw was fired at the conclusion of a special meeting of the hospital commission on Nov. 1. Petrino was terminated at the end of one of three special meetings held three days later, on Nov. 4. At the other special meetings that day, the commission voted to place chief financial officer Cynthia Asbury on a 60-day Performance Improvement Plan, to be monitored by the commission, and to elevate human resources director Jodi Edmondson to acting CEO.

The complaints in both lawsuits say Shaw and Petrino were terminated after Petrino sent an email to Shaw on Oct. 25 detailing employee complaints of bullying by Asbury as well as complaints against Turner and then-commissioner Barbara Dicks.

After Shaw’s firing, she was escorted off hospital property by two uniformed Eureka Springs police officers, the complaint in her lawsuit says.

On Nov. 3, the complaint in Petrino’s lawsuit says, she consolidated staff complaints into a three-page letter that was signed or acknowledged by several hospital staff members.

After being terminated the next day, Petrino also was escorted from the hospital by police officers, according to the complaint in her lawsuit.

Petrino’s suit asks that she be paid her $95,000 annual salary in addition to benefits, sick leave, vacation pay and attorneys’ fees, or that she be reinstated to her position as chief nursing officer and compensated for her lost wages and benefits as well as attorneys’ fees.

Shaw’s suit seeks similar damages. Her annual salary was $145,800, the complaint says.

In the answers filed Tuesday by Arkansas Municipal League attorney Gabrielle Gibson, the defendants argue that the terminations of Shaw and Petrino did not violate established policy. They also argue that they are entitled to immunity under state law and that punitive damages are not recoverable against a municipality or a municipal hospital.