No. 21-1133

Charles Abrahamsen v. Department of Veterans Affairs

Lower Court: Eleventh Circuit
Docketed: 2022-02-16
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law anesthesia anesthesia-risks bullying-healthcare medical-disclosure orthopedic-surgery public-health-safety reasonable-belief whistleblower-protection whistleblower-protections
Key Terms:
AdministrativeLaw Securities
Latest Conference: 2022-03-25
Question Presented (from Petition)

Whether the scope of the substantial and specific danger to public health and safety provision in 5 U.S.C. § 2302(b)(8) was erroneously limited when determining whether an accomplished orthopedic surgeon with experience and knowledge of current medical literature and the evolving practice among orthopedic surgeons could have a reasonable belief he is disclosing a substantial and specific danger to public health and safety when disclosing an increased danger of death, stroke, and infection associated with the use of general as opposed to spinal (a.k.a. neuraxial or regional) anesthesia.

Whether a decision that analyzes only one event from a disclosure of a sequence of events of bullying in the healthcare setting should be presumed to have considered the other more serious events.

Question Presented (AI Summary)

Whether the scope of the substantial and specific danger to public health and safety provision in 5 U.S.C. § 2302(b)(8) was erroneously limited

Docket Entries

2022-03-28
Petition DENIED.
2022-03-09
DISTRIBUTED for Conference of 3/25/2022.
2022-03-04
Waiver of right of respondent Department of Veterans Affairs to respond filed.
2022-02-14
Petition for a writ of certiorari filed. (Response due March 18, 2022)

Attorneys

Charles Abrahamsen
Joseph D MagriMerkle &, Magri, PA, Petitioner
Department of Veterans Affairs
Elizabeth B. PrelogarSolicitor General, Respondent