Dr. Timothy Ryan, a vascular surgeon, was on the medical staff of the Los Angeles County- operated Harbor-UCLA Medical Center.
Ryan believed that the Chief of Vascular Surgery, Dr. Rodney White, encouraged a patient to have aortic stents implanted because White was receiving a financial incentive from the stent’s manufacturer. The patient died while White was implanting the stents. Ryan also suspected that White falsified the patient’s medical records to justify the unnecessary surgery. Ryan reported his concerns to several County officials. He also reported his suspicions that the medical records had been falsified.
In 2015, Ryan filed a government claim with the County. Ryan claimed that White had a long course of retaliating against him. For example, in 2015, White filed a formal complaint accusing Ryan of disruptive and unprofessional conduct. An ad hoc committee also found Ryan’s behavior was unprofessional, and recommended counseling or revocation of privileges if he failed to improve. Ryan refused to sign a behavioral agreement and a required release in his reappointment application. Ryan’s refusal to sign led to the lapse of his clinical privileges and his termination.
Ryan sued the County in 2016 in the California Superior Court, asserting claims for: 1) retaliation in violation of Health and Safety Code section 1278.5; 2) retaliation in violation of Labor Code section 1102.5; and 3) retaliation after reporting potential false claims to Medi-Cal under Government Code section 12653. This summary focuses on the Labor Code and Government Code claims.
The trial court found for the County regarding the Labor Code section 1102.5 claim. Ryan’s refusal to complete his reappointment requirements was a legitimate, non-retaliatory reason for his termination. The trial court ruled in favor of Ryan on the Government Code section 12653 claim, finding that Ryan reported what he believed was the creation of a false medical record to Medi-Cal, the County took adverse action against Ryan, and Ryan’s act to stop a false claim was a motivating reason for the County’s decision to take adverse action against Ryan. The jury awarded Ryan $2.1 million for past and future mental suffering and emotional distress. Both Ryan and the County appealed.
The California Court of Appeal reviewed Ryan’s Labor Code section 1102.5 claim and found that the County met the legal burden of proving Ryan would have been terminated regardless of his whistleblowing activity. Regarding Ryan’s Government Code section 12653 claim, the Court found that public entities like the County cannot be sued under this section based on California Supreme Court precedent. The Court entered judgment for the County on the Government Code section 12653 claim and otherwise affirmed the judgment.
Timothy Ryan, M.D., vs. County of Los Angeles, 109 Cal.App.5th 337 (2025)