Dr Omondi Nyong’o has taken on US hospital in epic court battle still raging in the corridors of justice.
Lupita Nyong’o’s cousin sued an American medical institution which had employed him for over 13 years after he was racially discriminated.
Dr Omondi, in his lawsuit against the Palo Alto Medical Foundation region of Sutter Health, said racism in the workplace made him the target of derogatory remarks, demotions and salary cuts, according to a lawsuit filed against the large California hospital system.
Lupita’s cousin is an internationally recognized pediatric ophthalmologist who rose to become the first and only Black physician to chair a department within the Palo Alto Medical Foundation region of Sutter Health.
However, Dr Omondi lamented that a racist environment that permeates Sutter sabotaged his career and inflicted shame and embarrassment.
“I was subject to the type of racism that hits you in the back of the head when you don’t see it coming. I was blindsided by leaders who suddenly and harshly demoted me from my leadership positions, even though I was excelling at them, in order to shield themselves from accountability for their own shortcomings,” Dr Omondi said in his suit.
The lawsuit alleges Sutter’s workplace culture disrespects, undermines, and disciplines African American staff and doctors such as Dr. Omondi Nyong’o due to racial bias.
“Many of us have either experienced the things that I have while at Sutter or have been chased away over the years,” he said.
Omondi Nyong’o, who is a trained pediatric surgical ophthalmologist, cites gross violations of the state’s Fair Employment and Housing Act, Fair Pay Act, Health, Safety Code, and Unfair Competition Law.
He first moved to court on January 15, 2021 and it was established that he was legally right to sue the medical facility.
Following his law suit, Omondi was demoted and stripped of his leadership designation, and placed under a regular clinical position.
Below is an update on the case:
Case Update (January 31, 2022)
The plaintiff and defendants investigated the facts on each side. In this phase, Dr Omondi Nyong’o took depositions of the people responsible for the bias and retaliation he alleged he experienced, and those who witnessed or benefitted from it.
The case dragged from the time the suit was filed following months of time-consuming and costly attempts by defendants Sutter, Palo Alto Medical Foundation (PAMF), and Palo Alto Foundation Medical Group (PAFMG) to try to get Dr Omondi Nyong’o’s case removed from state court in San Francisco.
All of these attempts were unsuccessful.
On January 31, 2022 , the San Francisco County Superior Court rejected maneuver by PAFMG to try to transfer the lawsuit out of San Francisco and its baseless request to have the Court “sanction” Dr Omondi over $12,000 for filing the case there.
The Court rejected PAFMG’s motion, agreeing that Dr. Omondi could bring his case in San Francisco Superior. T
Case Update (March 15, 2022)
Dr Omondi Nyong’o reported two major victories in court.
First, the Court rejected defendant Palo Alto Foundation Medical Group’s attempt to subpoena medical and mental health records that had nothing to do with Dr Omondi Nyong’o’s claims.
(A subpoena or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure.)
Second, the Court rejected defendants’ motion to compel Dr Omondi Nyong’o to sit for a multiday deposition on non-consecutive days, creating inconvenience and disruption to his medical work.
(Deposition is a formal statement that is made before a trial by a witness who will not be present at the trial.)
The Court ordered that Dr. Nyong’o’s deposition will only proceed on consecutive and mutually convenient days, thus confirming Dr. Nyong’o’s right to control the timing of his deposition.
Case Update (March 22, 2022)
On March 21, 2022, Dr Omondi filed a new motion detailing the latest discovery dispute and alleging more on-going discrimination and retaliation against him.
Case Update (April 15, 2023)
On April 15, 2023, NBC Bay Area presented the first part of an insightful special report on the race discrimination lawsuit involving Sutter Health.
The segment included powerful interviews with plaintiff Dr Omondi Nyong’o and with Lieff Cabraser partner Kelly Dermody, a lead attorney on the case.
Case still ongoing in court…
