Agreement is one of the largest compensatory damage settlements OSC has ever secured
The U.S. Office of Special Counsel (OSC) today announced it settled a complaint against the U.S. Army seeking corrective action for a whistleblower who was retaliated against after raising concerns about substandard inspections of biosafety laboratories. OSC filed its complaint with the U.S. Merit Systems Protection Board (MSPB) in March 2022.
The whistleblower, Dr. Patricia Dillon, is a former medical director at the Barquist Army Health Clinic and former director of the Biological Personnel Reliability Program at the U.S. Army Medical Research Institute of Infectious Diseases at Fort Detrick, Maryland.
Under the settlement agreement, the Army will pay Dr. Dillon $555,000 in compensatory damages for emotional, physical, and reputational harm, one of the largest sums in damages OSC has obtained on behalf of a complainant. The Army, which admitted no wrongdoing, also agreed to clear Dr. Dillon's employment record, reassign her to a new position where she can use her skills and expertise, restore leave and lost retention compensation, and pay attorneys' fees.
The Army retaliated against Dr. Dillon after she raised concerns to the U.S. Department of Defense, Office of Inspector General about deficient Army inspections of biosafety laboratories containing dangerous biological agents and toxins and a laboratory head who discouraged employees from reporting mishaps. The Army engaged in retaliatory actions against Dr. Dillon spanning more than eight years, including: reassigning her from her leadership position, initiating a retaliatory investigation, proposing her removal, and suspending her clinical privileges.
OSC filed its complaint with MSPB after the Army declined to take the corrective action OSC recommended in its prohibited personnel practice report finding whistleblower retaliation. Based on the Army's failure to timely respond to OSC's complaint, the MSPB granted default judgment against the Army, after which OSC and the Army, with the assistance of an MSPB mediator, engaged in extensive settlement negotiations.
“OSC is proud to have obtained relief for Dr. Dillon who endured years of retaliatory actions in response to her speaking up to protect employee and public safety," said Special Counsel Hampton Dellinger. “This result shows that OSC is unwavering in its commitment to secure appropriate remedies for whistleblowers who experience retaliation. OSC thanks the MSPB for its assistance with the settlement process."
Dellinger offered credit and thanks to the many current and former members of OSC who have worked on this case, including the Investigation and Prosecution Division (IPD) litigation team of Darshan Sheth, Sheri Shilling, Cristina Lindsay, and Christopher Leo along with current and former IPD leaders Rachel Venier and Karen Gorman.
***