A former Penn State doctor has won a lawsuit and was awarded $5.25 million in damages after he took the university's medical center to court over complaints he was removed from his role as team physician for complaints about alleged interference from coach James Franklin in medical treatment.
Dr. Scott Lynch was awarded a massive sum in damages from the university for which he was the team physician for about five years, according to ESPN. The trial lasted seven days and included testimony from former players, doctors, trainers and system officials, as well as others.
Following his win from the Dauphin County court in Harrisburg, the orthopedic surgeon told ESPN he hoped the NCAA would investigate his claims against Penn State.
"There's not yet been one school punished for violating medical autonomy issues," Lynch told ESPN.
Penn State Health responded to the jury's decision with the following statement, per ESPN: "We are extremely disappointed to learn of the jury's decision, as we continue to believe that the claims in the complaint have no merit. Penn State Health will soon determine whether it will appeal the decision.
"Penn State Health and the University remain dedicated to the health and well-being of our student-athletes."
Here's what you need to know about the lawsuit.
Penn State-Scott Lynch lawsuit, explained
Lynch was removed from his role as the Penn State football team's orthopedic physician and director of athletic medicine in 2019 and reportedly filed the lawsuit against Penn State Health's Milton S. Hershey Medical Center and Dr. Kevin Black six months later. Black was the supervisor who announced Lynch would be removed from the position. The stated reason for his removal was that Lynch commuted from Hershey, Penn., which is 100 miles from State College, and the university wanted someone who lived in State College.
The original lawsuit included Franklin and the larger Penn State, but both were removed as defendants over the statute of limitations, per ESPN. Franklin did not testify at the trial.
In the lawsuit, Lynch claimed Franklin tried to interfere with the training staff's handling of injuries. One incident alleged at the trial by Dr. Peter Seidenberg, a primary care physician at Penn State College of Medicine who worked with Lynch, said Franklin was pressuring the medical staff to release an athlete who had a high-ankle sprain and wasn't cleared to return to play.
Another witness, former trainer Tim Bream, said in March 2017 a player needed shoulder surgery, but that Franklin tried to argue against the recommendation of the training staff. Both Bream and Seidenberg testified that a player attempted suicide in October 2017 and was admitted to inpatient psychiatric care. They said Franklin wanted the athlete to be medically disqualified while undergoing treatment so the scholarship could be used on another athlete.
There were also claims from witnesses at the court that at one point, Nike voiced opposition to the athletic staff's practice of "spatting," which is wrapping athletes' ankles in tape to aid in support, per ESPN. A clause in Penn State's Nike deal prohibits spatting that would cover the Nike logo on footwear, which impacted the ability of the training staff to treat player injuries. Nike told a group of trainers there were Penn State players who had been spatted and reiterated it shouldn't happen, and Franklin took the side of Nike, telling the medical staff not to spat athletes.
Penn State's attorneys responded to the latter claim that several athletes had their ankles taped that still featured visible Nike logos and noted there was a deviation in the clause that allowed spatting for those who need it. One such athlete was former Penn State running back Saquon Barkley, who said in court he never felt pressured by Franklin to return from injuries.
Another athlete did not paint a glowing picture, however, as former defensive tackle Rob Windsor said he sustained a knee injury that wound up leading to a torn meniscus. He said he felt pressured to return to playing for the Nittany Lions.
Lynch said in the trial he told the athletic department and Penn State Health that Franklin had been interfering with the autonomy of the medical staff. He was removed in the spring of 2019, and wrote in an email to former integrity officer Bob Boland he believed Franklin's influence to then-athletic director Sandy Barbour was the reason Lynch was removed from the spot. When Lynch was removed, he made recommendations to Black to improve the autonomy of the medicine staff and improve the treatment of athletes. Black did not implement the policies.
"We need to get back to the right principles, stop hiding things, let things come out, be transparent and try to fix the problem," Lynch testified, per ESPN. "I'm disgusted."
An attorney for Penn State Health, Sarah Bouchard, said the issues stemmed from poor communication that was a result of Lynch living in Hershey rather than State College. She brought up an incident when Franklin was upset that he couldn't discuss Windsor's health in person. She asked Lynch if Franklin hung up on him while talking on the phone to which Lynch responded, "That's my assumption." Bouchard then stated Franklin could not have hung up on him if the two had been speaking in person.
Another attorney, Jan Budman, claimed Franklin was just asking for more information about player health while questioning Seidenberg.
"Coaches can ask questions for more information, and coaches do," Seidenberg responded, per ESPN. "It was the manner in which questions were asked and what was stated when he didn't like the answer. If a coach does not like a medical opinion and he acts angrily towards the medical staff because of that opinion and then tries to pressure the medical staff, that's inappropriate."
