Escambia settles with former medical director for nearly $1 million. Why suit isn't over
Escambia County commissioners agreed to settle part of a lawsuit involving former Escambia Medical Director Dr. Rayme Edler for nearly $1 million. The settlement was recommended by two insurance companies to settle employment related and Family and Medical Leave Act retaliatory claims.
Commissioners Steven Barry, Lumon May and Mike Kohler agreed to give Edler $950,000 to settle that portion of her case. County Attorney Alison Rogers said the portions of the case that relate to the False Claims Act, or whistle-blower portion, remain active.
The former director filed a lawsuit alleging Escambia County committed fraud against the U.S. government by providing ambulance services without properly certified personnel as required by Medicare, as well as “up-coded” service claims to more expensive ones than were actually provided.
Edler also claimed she was a victim of retaliation for exposing the issue and her position was eliminated while she was on protected leave in 2021. This is the portion of the lawsuit that falls under the False Claims Act.
The board vote was held shortly after a private “shade” meeting between commissioners and legal staff to discuss the settlement. Kohler suggested the board discuss it before the start of their regular meeting for public transparency.
“We're getting our butt kicked regularly on lawsuits and we need a reflection period,” Kohler said. “But the only reason I voted for this, and I need, I want it on the record, is the totality of the situation. It could be much worse, and it comes down to a strategic decision for me to stop the hemorrhaging.”
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May said the settlement was the best way to put an end to the litigation and he agreed to it because the county insurance carriers recommended it.
“I'm just taking the recommendation of our carrier because I believe that there's going to be more exposure if there's not a settlement,” said May. “If it was taxpayer dollars and not insurance money, I wouldn't vote for it tonight, but because it is an insurance company and they are telling us to settle it, that’s the reason that I'm going to support it.”
The settlement will be paid with two separate county insurance policies. Commissioner Jeff Bergosh voted against it.
“I just want on the record why,” Bergosh said. “I never saw any proof and I don't believe that any exists, that the staff members, past and present took any employment actions against this former employee that would generate a million-dollar settlement. Ideologically, I can't reward someone who was a former employee who tried to ruin the lives and the careers of at least a half dozen people with false allegations, all of which were disproved.”
In leaked text messages, Bergosh indicated he wanted Edler fired long before her employment ended with the county. During discussion before the vote Bergosh said he thought Edler's claims should be fought separately, in part because Escambia County has insurance coverage for the employment related claims, but not the false claims.
This article originally appeared on Pensacola News Journal: Escambia County gives $1 million settlement to fired medical director