Via The Dallas Morning News: Ebola nurse Nina Pham’s lawsuit against Texas Health Resources will continue.
A lawsuit filed by Texas Health Presbyterian Hospital Dallas nurse Nina Pham after she contracted Ebola last year will continue in a Dallas County civil court. Pham is suing the hospital’s parent company, Texas Health Resources, saying that it did not adequately train and protect its nurses from the disease.
Pham contracted Ebola last fall while caring for the first patient diagnosed with the disease in the United States, Thomas Duncan. He died.
THR argued Monday that the civil court does not have jurisdiction because Pham’s claim should be decided by a worker’s compensation claim. THR said it is Pham’s co-employer. Pham’s attorneys said that the hospital and not THR employed Pham.
THR’s attorney John Scully presented evidence Monday, including that her work badge said “Texas Health Resources” that it employed Pham. Pham’s attorney Brent Walker presented evidence showing the opposite, including an initial worker’s compensation claim that showed the hospital as Pham’s employer and past lawsuits where THR said it was not an employer of the person who filed suit.
The worker’s compensation claim will also go forward. But state District Judge Martin Hoffman will still determine who employed Pham for the purposes of the lawsuit.