Trial Magazine

Physician Scott Lynch, an employee of the Milton S. Hershey Medical Center, was assigned to serve as intercollegiate athletics team orthopedic physician for Penn State University’s football team and director of athletic medicine for Penn State University. James Franklin, the football team’s head coach, allegedly interfered with Lynch’s return-to-play decisions regarding student-athletes.

After reporting Franklin’s actions, Lynch was informed that he would be removed from his athletic assignments. His supervisor sent him a “Dear Colleague Letter” the following month, stating that Lynch was relieved of those assignments based on the fact that his primary residence was not located in State College, Pa.

Lynch sued the Milton S. Hershey Medical Center, alleging that he had been demoted based on performance of his statutory duty to provide care to student-athletes consistent with the medical standard of care, which required that he not permit the coach to interfere with his medical decisions. The plaintiff claimed more than $772,400 in economic damages.

The jury awarded $5.25 million, including $5 million in punitive damages.

Citation: Lynch v. Milton Hershey Med. Ctr., No. 2019-cv-6337 (Pa. Ct. Com. Pl. Dauphin Cnty. May 29, 2024).

Plaintiff Counsel: Steven F. Marino and Joseph Auddino, both of Philadelphia.