PITTSBURGH – A nursing home administrator who reported positive COVID-19 diagnoses at the facility to both county and state health authorities says he was fired in retaliation for his actions.
Ron Berlingo of Greensburg filed suit in the Allegheny County Court of Common Pleas on Aug. 24 versus Monroeville Operations, LLC (doing business as “Monroeville Rehabilitation and Wellness Center”), of Monroeville.
“Belingo began employment at The Grove in Irwin on July 30, 2019 as a nursing home administrator. He was assigned to the defendant’s Monroeville Rehab and Wellness Center in or around September 2019 in the same position. The Center is a long-term care facility. Berlingo performed his job throughout his employment with defendant without receiving any formal discipline,” the suit says.
“The Center encountered its first positive COVID-19 test in or around late June or early July 2019. Berlingo immediately contacted the Pennsylvania Department of Health to report this development. The Allegheny County Health Department also became involved with the situation.”
An infection control specialist was assigned to the Center, but Berlingo says the facility was not reporting accurate data to the specialist, and adds he was reprimanded by a supervisor for taking it upon himself to talk to state health authorities without an attorney present.
However, Berlingo went out of his way to reach out to the specialist again to discuss ongoing discrepancies in the actual number of COVID-19 positive patients at The Center, versus the number being reported to state health authorities.
“The COVID-19 pandemic is a clear public health issue that requires accurate and timely reporting to local and state health authorities. Such accurate and timely reporting absolutely is essential among the most vulnerable population that resides in long-term care facilities, such as the Monroeville Health and Wellness Center,” per the suit.
After he was again reprimanded for taking these actions, Berlingo says he was terminated upon his arrival to work on July 29 of this year.
For counts of retaliation in violation of the Pennsylvania Whistleblower Law and wrongful termination in violation of Pennsylvania Public Policy, the plaintiff is seeking all damages as appropriate, including but not limited to back pay, front pay, lost fringe benefits, compensatory damages, punitive damages, pre- and post-trial interest attorney’s fees and costs, plus a trial by jury.
The plaintiff is represented by Adam R. Gorzelsky of Gorzelsky Law, in Greensburg.
The defendant has not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-20-009050
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com