Nov 18, 2008
Court of Appeal affirms dismissal of medical resident’s discrimination claim

Fu Wang v. King Drew Medical Center, et al. (2008) 2008 Cal.App. Unpub. LEXIS 8955 (California Court of Appeal, Second District, Division Eight). [unpublished]. Plaintiff had been a physician for 25 years in Taiwan but needed to complete a 4-year residency here in order to obtain board certification in obstetrics and gynecology. He was terminated from the King Drew residency program after a lengthy leave of absence. He sued GMSR’s client, the County of Los Angeles, for discrimination based on national origin, race, age, and disability; wrongful termination; and retaliation. After a 13-day trial, the jury found against him on all claims. On appeal, he asserted that insufficient evidence supported the verdict and that the verdict was inconsistent when, for example, the jury found retaliation was a “motivating factor” in the decision to terminate him but not a “substantial factor” in causing him harm. The court rejected all his arguments and affirmed the judgment.