A former Penn State football team physician’s lawsuit against coach James Franklin and Penn State were dismissed on Wednesday after a Dauphin County judge ruled he waited too long to file the claims.
Judge Andrew H. Dowling wrote that Dr. Scott Lynch was three days past a 180-day deadline when he filed the whistleblower claims alleging he was relieved of his duties after reporting that Franklin attempted to influence and interfere with decisions about medically clearing players to return to action.
As a result, Franklin, athletic director Sandy Barbour, senior associate athletic director Charmelle Green and the university were dismissed as defendants in the case. Other claims against Penn State Hershey Medical Center remain.
‘It might appear that this is a harsh result… but the 180 day limitations period is mandatory and may not be extended by the Court by even one day,’ Dowling wrote. ‘Moreover, if we were to forgive one day of lateness, would we then have to forgive five days of lateness? Or ten? Simply put, we do not have to draw that line as the legislature has done it for us by providing a clear cut, bright line limitations period of 180 days, no more, no less.’
Lynch, a Penn State Hershey orthopedic surgeon who until March 2019 served as football team physician and director of athletic medicine, alleged in his original complaint that on multiple occasions ‘Franklin attempted to interfere with [Lynch’s] autonomous authority to determine medical management and return-to-play decisions related to student-athletes.’
He said he reported his concerns to Barbour, Green and Penn State Health chair of orthopedics and rehabilitation Kevin Black and that in February he was informed he was being relieved of his athletic department duties. Lynch claims his removal was a result of Franklin’s influence and an attempt by the university ‘to avoid scandal.’
Franklin and Penn State have consistently disputed the allegations, saying a change of leadership in athletic medicine was made ‘with the best interests of student-athletes in mind, given the increasing complexity and growing demands of sports medicine, as well as health care in general.’
In his memorandum on Wednesday, Dowling wrote that Lynch ‘knew that he was definitively being discharged of his duties at Penn State no later than February 21, 2019,’ when he completed an exit interview, and likely knew before that because a letter discharging him from his football and athletic department roles was sent on Feb. 4, 2019.
Based on the Feb. 21 date, the 180-day deadline for Lynch to file his whistleblower claims was Aug. 20, 2019. The lawsuit was filed on Aug. 23.
Eight counts related to violation of the Pennsylvania Whistleblower Act were dismissed because they were time-barred, Dowling’s order said.
Lynch’s lawsuit was not dismissed in its entirety, however. Dowling did not dismiss claims of violation of public policy against Penn State Hershey Medical Center and Black.
Lynch is a former Penn State wrestler who has been employed by Hershey Medical Center and Penn State College of Medicine since 1998.
