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Update On The Dr. Kearney Appeal

12/19/2019

9 Comments

 
Once again, for those new to this blog site, at present there are 60 posts on the blog and each has its own set of comments. To read the comments you have to hit the word "Comments" at the beginning or end of the post. Somewhat confusing is that when you bring up the comments for a specific post it eliminates the other posts from the screen. To bring the other posts back up simply go back to the top of the page and click on Blog. Feel free to comment should you wish. No email address is required to make a comment so anonymity is strong. Due to some previous abuse of this right to anonymously comment, I have had to include an approval option, but I try to approve constructive comments within 24 hours. One last point of note, to read the earliest posts you have to click on the word "​<<Previous" at the very bottom of the posts available.  For social media developments on the Dr. Kearney situation I would encourage you to visit the excellent "Save Dr. Kearney Facebook Page": 
https://www.facebook.com/Save-Dr-Kearney-1039697039481791/​
Finally, for those new to this blog and wish to know what this is all about, please scroll down to the previous post for a "comprehensive review" of everything that has happened.

         HAPPY HOLIDAY SEASON TO ALL !!!

Well in this festive season I felt certain we would get a visit from the Grinch, and so it happened. I just received notice (in the form of the official document) that Dr. Kearney’s legal battle (Appeal) is officially over. Because this document starts out with the statement: 
 
RENDERED: DECEMBER 13, 2019; 10:00 A.M.
NOT TO BE PUBLISHED

 
I won’t publish it. Suffice it to say, the 3 Judges (Judge Denise Clayton, Judge Pamela Goodwine and Judge Jonathan Spalding) replacing Judge Nickell in the hearing of this Appeal of Judge Scorsone’s (who replaced Judge Reynolds, who replaced Judge Ishmael) earlier ruling in favor of the University, also ruled in favor of the University. 
 
Some may feel that because of this Appellate Court decision that Dr. Kearney was the big loser in this battle, but I, and many others, feel just the opposite. It can be readily argued that the big losers in these actions taken by the university in its attempts to ‘destroy Dr. Kearney’s career’ were the university and hospital administrators/lawyers who initiated and propagated these actions taken to silence Dr. Kearney.  The exposure of manipulative law, lack of due process and money mismanagement by hospital administrators and university lawyers resulted in faculty speaking out in force. They did this through their response in the Press Ganey surveys, their election of Dr. Kearney to University committees and through social media. This in turn resulted in a new head of the hospital (EVPHA), a new Chief Medical Officer, a new College of Medicine Dean, a new Surgery Department Chair and a shakeup of KMSF.  This is not Dr. Kearney losing; but rather Dr. Kearney, UK Healthcare, the College of Medicine, the Surgery Department and the University of Kentucky faculty “winning”. The big losers in this battle were: a) the citizens of Kentucky who lost the availability of an outstanding trauma surgeon; b) the medical students, residents and fellows in the University of Kentucky Hospital who lost the expertise and insights of this outstanding teacher; and c) the taxpayers of Kentucky who ultimately paid for this miscarriage of justice. I don’t care what these lawyers might like to claim; it is kind of hard to argue with 25 years of outstanding performance evaluations, 29 teaching awards, an endowment in your name and a Governor’s Service Award. If this is what the University of Kentucky administrators/lawyers wish to define as a ‘history of bad behavior’, then maybe we need more rather than less of this “bad behavior”.  

So please do not use historical documentation (e.g. redacted letters of reprimand signed off on by hospital administrators) in attempts to justify these severe actions taken by the University of Kentucky in their attempt to "destroy Dr. Paul Kearney’s career". It is clear that this documentation and this "history of bad behavior" can be effectively rebutted by multiple documents (outstanding performance evaluations, teaching awards, promotions, pay raises, an endowment, etc.) signed off on by these same administrators who themselves chose to trivialize these claims of bad behavior by spending 25 years rewarding Dr. Kearney rather than punishing him for this behavior. So the big question is: why are they now claiming this behavior to be so horrible that it all of a sudden merits "destroying his career"?  The only thing different in Dr. Kearney’s behavior leading up to the kangaroo court proceedings was his attempt to openly challenge the money mismanagement by KMSF and senior hospital administrators. This, combined with the disappearance of 4 of the key contributors to the Dr. Kearney MSEC trial (for which neither he nor a representative on his behalf were allowed to attend) suggest to many that these actions had nothing to do with this "history of bad behavior".
 
Therefore, in the spirit of this holiday season I would like to “thank” Dr. Kearney for all of the great things he has done for the University of Kentucky and the citizens of Kentucky. The many lives he has saved and the many excellent physicians and staff that he has educated and trained.  I want to wish him and his family joy and peace in this holiday season and all of the best in the coming year. Although retired from the university and its hospital, I would not at all be surprised to find him saving lives elsewhere.  I wish him the best of luck and happiness in whatever he does.
 
Finally, in closing I want to wish all blog readers a joyous and safe Holiday Season. Thank you for your contributions to this blog and your efforts to hold this university and hospital administration accountable for their actions. Over the past 4 years we have tackled a variety of issues on the blog, many of which centered on the potential abuse of authority at the University of Kentucky. I look forward to hearing from you in the New Year.

9 Comments
Billthro Swaggins
12/19/2019 11:22:06 am

It seems to me that the big error from team Kearney was to attempt to try the case on the possible validity of his :whistleblowing" allegations when the courts were only interested in determining if his alleged whistleblowing disclosures met their UK-favoring interpretation of the relevant law.

For future reference, could one of the legal experts on the blog provide a "how to" for whistleblowing at UK that would meet the definition of the law and could then be relied upon as a bombproof component of a whistleblower retaliation suit?

Also, what about my awesome new handle!

Reply
Dan Noonan
12/19/2019 12:40:29 pm

Thanks for the comment Billthro. This was truly a David vs. Goliath type of battle from the beginning, but you are probably right with respect to the whistleblowing lawsuit.

I am no expert on the law and would never care to be, but I suspect "take the deal or we are going to ruin your career" was really more of a duress or coercion type of incident.

Reply
Santa
12/22/2019 12:12:34 pm

Hey, anyone needing top of the line surgical care I hear that St. Joe East has recently hired one of the best.

Merry Christmas Paul and Dan and may 2020 be a great year for both of you.

Reply
Dan Noonan
12/22/2019 02:04:34 pm

Thanks Santa and the same to you!

Reply
Hoxton Hockler
12/23/2019 07:49:53 am

I heard he has been working at St Joe's for a while...Hopefully this will take business away from UK Healthcare and also help him recover some of the funds he has spent on Counselor Pafunda's expert assistance. Pafunda also represented serial fraudster Eric Smart and is now representing Xianglin Shi in his now inevitable research misconduct related wrongful dismissal suit against UK. I sense a pattern here.

Reply
Dan Noonan
12/23/2019 11:57:15 am

Thanks for the comment Hoxton. Happy Holidays to you and your family. Yes it appears that Dr. Kearney's career is not "over or destroyed", in spite of what some UK administrators and lawyers had wished.

Reply
NATHANIEL DONEGHY
1/14/2020 07:37:35 pm

PK, is my friend and surgeon he save my life October 10,1998 I’m a survivor of gallstone pancreatitis ...... My story is powerful of what PK did for me what a loss for Kentucky but I’ve gain a great friend.

Dan Noonan
1/15/2020 03:55:22 am

Thanks for the comment Nathaniel. Your story is a familiar one that we have heard often here and on the Save Dr. Kearney Facebook Page.

Reply
Gigithegreat
3/1/2020 07:19:35 am

Dear fellow citizens, thanks be to God for the good doctor whom I called bubba. If I ever needed help at the ER, he will be the one whom I can trust to take care of me. My family loves him and so do I. I believe him before I believe UK, knowing what I know since I worked with him for 18 years. I'm aware that he is the best of the best and I hope he prevails.

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