Michael Bruton, a former 30-year CoxHealth employee and surgical technician, claims he was fired in June 2009 for speaking out about improper sterilization procedures. Now, his four-year-old civil lawsuit is scheduled for a jury trial in Greene County Circuit Court on May 11.
A pretrial hearing is scheduled with Judge Jason Brown on April 29, according to online court records.
Bruton, a sterile processing department technician, said he became aware of problems at CoxHealth’s surgery center on Walnut Lawn Street in 2007. In his filing, Bruton said he was transferred to the Walnut Lawn facility to help implement best practices for infectious disease control.
He said department technicians were improperly and inadequately sterilizing surgical instruments and equipment, reusing disposable, single-use surgical towels, and co-mingling contaminated instruments and equipment with sterile equipment.
His claims allege surgical personnel were “flash” sterilizing instruments - a kind of steam sterilization - rather than using industry-approved methods. He also said “black residue” was frequently found on instruments after sterilization, and staff members were rinsing contaminated instruments and supplies with high-pressure hoses near cleaned case carts, creating a potential for cross-contamination.
After complaining to his direct superiors about conditions, which he said were not properly addressed, Bruton claims he was disciplined for using a cellphone and foul language, even though peers weren’t facing the same consequences. He then detailed issues – which included harassment by superiors – to other administrators, including then CEO Robert Bezanson, but the hospital did not take appropriate actions to address what he saw as health and safety violations, according to the filing.
He filed formal complaints about the conditions through his sister’s name with the Missouri Department of Health and Senior Services and the U.S. Department of Health and Human Services. Bruton’s actions led to substantiated reports from state and federal agencies in December 2008, according to documents included in the filing.
In February 2009, a surgeon not named in the suit summoned Bruton to an operating room because he noticed that black residue had transferred from his surgical instruments to a patient’s wound and demanded to know what was being done to remedy sterilization issues. Bruton then called state and federal agencies to report that conditions had not improved, which led to procedural changes in April 2009.
By June 2009, the filing states he was falsely accused of engaging in inappropriate sexual acts at work – “crotch grabbing” and “pelvic thrusting” – in front of other co-workers, which led to his termination.
Bruton is asking for lost wages and punitive damages for emotional distress and mental anguish to be determined by a jury.
Jerome Dobson, a St. Louis attorney representing Bruton, could not be reached for comment by deadline.
Michelle Leroux, media relations coordinator for CoxHealth, said the health system is actively defending the charges.
“We believe in the merits of our case and will defend our position vigorously; however we cannot make more specific comments about this case as it is in litigation,” Leroux said in an emailed statement.[[In-content Ad]]
