Glenda Wrensford, MD. v. Virgin Islands Government Hospital and Health Facilities Corporation Including Roy Lester Schneider Hospital (RLS) CEO Tina Commissiongm CMO George Rosenberg, MD.
ST-2023-CV-399
Superior Court of The Virgin I...Mar 1, 2024Background
- Dr. Glenda Wrensford, a general surgeon at Roy Lester Schneider Hospital (RLSH) and government employee, had her medical privileges suspended after a sentinel event involving a procedural error linked to an inverted CAT scan image.
- Following the incident, Wrensford requested more formal documentation and due process in peer review meetings but declined participation when the hospital could not accommodate her requests for official minute keeping.
- The hospital initiated a formal investigation but Wrensford was unable to appoint an external member to the ad hoc committee, as allowed, due to conflict-of-interest concerns. The required committee was never fully constituted.
- The hospital's Medical Executive Committee (MEC) and president suspended Wrensford’s privileges and threatened employment termination for not fulfilling committee obligations, leading to her inability to work and receive pay.
- Wrensford sought a Temporary Restraining Order (TRO) and preliminary injunction, arguing her due process rights and hospital bylaws were violated. The court initially granted the TRO and after a hearing, granted the preliminary injunction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| MEC authority to suspend privileges | MEC president lacked authority under bylaws, only Board may suspend/revoke privileges | MEC and president acted within authority under bylaws | MEC/president did not have lawful authority. |
| Suspension for failure to appoint committee | Bylaws do not allow privilege suspension for not naming committee member | Suspension was proper for failing to cooperate with investigation | No authority to suspend for this reason. |
| Due process (notice & hearing) | Was not afforded real notice/hearing before discipline or suspension | Provided multiple notices/opportunities to participate | Due process violated; notice and hearing lacking. |
| Existence of protectable property interest | Has property interest in employment and clinical privileges under VI law | No property interest in continued employment | Wrensford has protectable property interests. |
Key Cases Cited
- Yusuf v. Hamed, 59 V.I. 841 (V.I. 2013) (sets four-factor preliminary injunction standard for Virgin Islands)
- Bassil v. Klein, 75 V.I. 19 (V.I. Super. Ct. 2021) (extraordinary relief and weighting factors for injunctions)
- Fleming v. Cruz, 62 V.I. 702 (V.I. 2015) (government employment is a protected property interest)
- Iles v. de Jongh, 638 F.3d 169 (3d Cir. 2011) (due process requirements for government employees)
- Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985) (entitlement to notice and hearing before deprivation of property rights)