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MADISON - ST. CLAIR RECORD

Thursday, May 9, 2024

Former nurse alleges retaliation for reporting working conditions, billing practices

Lawsuits
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BELLEVILLE – A former nurse at Da Vita Healthcare claims she was terminated for reporting alleged unsafe working conditions and fraudulent billing practices.

Plaintiff Elizabeth S. Duncan filed a lawsuit in the St. Clair County Circuit Court against Da Vita Healthcare Partners, Inc., Da Vita, Inc., Total Renal Care, Inc. and Rochelle Stockman, citing wrongful termination in violation of the Illinois Whistleblower Act.

According to the lawsuit, Duncan was employed by the defendants to work as a Dialysis Technician at the Da Vita facility in O'Fallon. Stockman was her supervisor. Duncan asserts that she worked there from 2016 until her termination on Dec. 1, 2021. Duncan alleges that during her employment, the defendants engaged in inappropriate work activity and fraudulent billing practices. The defendants allegedly demanded dangerously understaffed employee to patient ratios, which put the patients and employees at risk. She claims they also fraudulently billed patients for the incorrect number of nurses to patients. Duncan claims she was required to work average shifts that lasted 14-22 hours without breaks. 

Duncan alleges the defendants terminated her in retaliation for repeatedly contacting management to inform them of the defendants' practices. She claims she was wrongfully terminated in violation of the Illinois Whistleblower Act. 

The plaintiff is seeking damages in excess of $50,000, plus punitive damages, interest, court costs and any other relief the court deems proper. She is represented in this case by the attorneys of Wendler & Zinzilieta, P.C. in Maryville. 

St. Clair County Circuit Court case number 23LA0021

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