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2018-44472 / Court: 234

 2.2.

3.1.

4.1.

5.1.

6.1.

6.2.

Defendant CHI St. Luke?s Health Baylor College of Medicine Medical Center is a
domestic nonpro?t corporation licensed to do and conducting business in Texas.
Defendant may be served with process through its registered agent for service of process,
CT Corporation System, 1999 Bryan Street, Ste. 900, Dallas, Texas 75201?3136, USA.

3. VENUE 
6

Venue of this proceeding is proper in Harris County, Texas, p?nt to Texas Civil

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Practice Remedies Code ?15.002 because the events t??ubject of this lawsuit

?g
occurred in Harris County, Texas.

4. SUBJECT MATTER URIS ION
The amount in controversy exceeds the limits of this Court.
Pursuant to Rule 47(c) of the Texas Rules o\@ivil Procedure, the monetary relief sought
is over $200,000, but not more than 

5 . REQUISITES

 

The filing of this lawsuit has @@accomplished within the applicable limitations period.
On April 4, 2018, Plaintifl@l Defendant entered into a tolling agreement extending the
limitations period 5 Section 161.134 claim until after July 3, 2018.

6- 

Mr. Arias @?red as Director of Cardiovascular Services at CH1 St. Luke?s in
Septembe@ 16. As part of his duties, he was responsible for ensuring that staff follow
heathd safety laws and regulations.

On July 27, 2017, Mr. Arias instructed surgery aides to throw away a coffee cup that Dr.

Ali Mortazavi had brought into a sterile operating room. Dr. Mortazavi?s action was a

violation of state and federal health and safety regulations.

6.3. Shortly after, Dr. Mortazavi stormed into Mr. Arias? of?ce, visibly in a rage, to berate
him regarding the coffee cup. Upon Mr. Arias informing Dr. Mortazavi that bringing
coffee into a sterile operating environment could not be allowed, and that he had to
enforce rules and regulations when he observed violations, Dr. Mortazavi:

Yelled at Mr. Arias with his fists clenched; $3


Threatened to take his business to Memorial Hermann; C)


Shouted at Mr. Arias ?Do you think anyone can $1.01 me? Not even God
0@

can control me!?


Threatened Mr. Arias that he has ?gotten@r people ?red.?
6.4. Mr. Arias immediately emailed the appropri??anagement personnel to report this

incident. Emerson Perin, Director, Research@CV Medicine, and Medical Director over

the Catheterization Lab, responded to @ias in an email that:

0 Dr. Mortazavi?s behavior?as ?absolutely unacceptable?;

0 ?Unfortunately Ohggtazavi controls all the Kelsey business and because of
that carries witlQm some significant clout. He is essentially untouchable and
un?xable.??Q

?It ileigyond my control and I am pretty sure it is beyond your control as


is?

(Q

Administration will never take him to task.?
6.5. As Mr. Arias reported to management, the exchange with Dr. Mortazavi left him in fear
that his job was on the line for reporting and trying to ensure compliance with health and

safety regulations.

6.6.

6.7.

6.8.

6.9.

7.1.

7.2.

7.3.

7.4.

On October 2, 2017, Mr. Arias was issued a written warning, in which a main complaint
was that Mr. Arias was not ?onsite and present? and had missed several days of work.
Plaintiff?s absences were due to a medical reason. At the time, Mr. Arias occasionally
had to take time off work and avoid driving due to severe shoulder pain resulting from a
prior injury. Another issue contained in the warning had previously bee?i?restigated and

addressed, and had been determined not to be attributable to Mr. @s or to a failure of



the staff ?Time Outs? process he helped oversee. 

On October 10, 2017, Mr. Arias was terminated.

Mr. Arias was terminated 1n retaliation for reporting ations of health and safety laws


and regulations, as evidenced by the timing of ermination (two and a half months
after his report) and Dr Mortazavi expr@?ed anger at his report and threat to his
employment. 

CHI St. Luke?s termination of Mr?as violates Section 161.134 of the Texas Health
and Safety Code. 
7. CAUSE OF TEXAS HEALTH SAFETY CODE 161.134
Defendant actions set?h above, as well as other facts that will be developed through

discovery, violaKQion 161.134 of the Texas Health and Safety Code.

Plaintiff reppgg violation of law as defined under Section 161.134. Plaintiff?s reports
was made? good faith.

Plaianas terminated in retaliation for his reports of a violation of law.

Plaintiff has suffered damages as a result of the retaliatory termination, and seeks all

relief allowed by law.

8. JURY DEMAND
8.1. Plaintiff timely requested a jury trial.
9. REQUEST FOR DISCLOSURE

9.1. Plaintiff requests Defendant to disclose, within 50 days, the information and materials

described in Rule 194 of the Texas Rules of Civil Procedure. $3

10. PRAYER 
X)
10.1. Plaintiff respectfully prays for the following relief: 
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i. Judgment against Defendant for actual damages ned by Plaintiff as alleged
herein, including actual damages, special da aQ compensatory damages, lost
wages, emotional damages, exemplary damg lost benefits, pre?judgment and
post?judgment interest, and any other dama?s allowed by law;

0

ii. Attorney?s fees, costs, and expenses, as,mitted by law;

Reinstatement in his former posit?

iv. Such other and further relie Qaw or in equity, general or special, to which
Plaintiff may show himself j? entitled.

Respectfully submitted,



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SHELLIST LAZARZ SLOBIN LLP

C) Dorian Vandenberg?Rodes
Todd Slobin
0 State Bar No. 24002953


tslobin@eeoc.net
Dorian Vandenberg-Rodes
State Bar No. 24088573

drodes@eeoc.net
11 Greenway Plaza, Suite 1515
Houston, Texas 77046
(713) 621-2277 (Tel)
(713) 621-0993 (Fax)

ATTORNEYS FOR PLAINTIFF