Neurosurgeon awarded $5.8M in whistleblower retaliation lawsuit

A jury in California has awarded a neurosurgeon-turned-whistleblower a $5.8 million judgment after he filed a lawsuit against UC Irvine, alleging the university medical center retaliated against him for reporting patient safety risks at the facility.

Mark E. Linskey, MD, the former chair of UC Irvine’s Department of Neurological Surgery, complained about staff violating policy, resulting in waste and endangering patients—specifics that were later outlined in a 2021 lawsuit he filed against the University of California Board of Regents.

In response to his internal complaints and the subsequent lawsuit, Linskey alleges he was banned from a residency program he founded, in violation of whistleblower protection laws.

After two days of deliberations, a jury sided with Linskey, finding UC Irvine had violated the law and retaliated against him for reporting the violations. The incidents he reported occurred between 2015 and 2021.

In addition to being a practicing neurosurgeon, Linskey, 64, is a tenured professor at UC Irvine’s School of Medicine and remains employed by the university health system, according to its website.

He has been with the university since 2004, leading its residency training program. However, according to Linskey, by 2013 things took a turn for the worse. He was replaced by another physician as chair, which, according to his lawsuit, resulted in a decline in care quality due to corner-cutting practices.

This is not the first time Linskey has filed a whistleblower complaint, nor is it his first retaliation judgment. In a separate 2019 lawsuit, a jury awarded him $2 million in damages over similar claims regarding patient safety and policy violations that led to financial waste. 

In total, he has now been awarded $7.8 million and remains a legally protected whistleblower, meaning many of his claims were validated in court.

In their defense, UC Irvine had residents sign a 2019 letter outlining grievances against Linskey, including allegations of unprofessional behavior. However, during the trial, one of the signatories testified he signed under pressure, fearing retaliation that could harm his career.

Medical residents reported leadership at UC Irvine would often retaliate against Linskey during working hours by threatening them if they chose to assist during surgeries.

More details on the case are available in coverage from the Orange County Register. A link to their reporting is provided below.