Former Options Medical Employee Files Discrimination Claim Against Company and New Owner Orthofix

June 20, 2019

Suit alleges employee experienced ‘severe or pervasive’ sexual harassment from Florida neurosurgeon and retaliation from Options Medical

Dallas, TX (June 20, 2019) – A former Options Medical employee today filed a discrimination suit against the company and its new owner, Orthofix Medical, LLC, over ‘severe or pervasive’ sexual harassment.

The suit, filed by Kathryn Boston, alleges that she was sexually harassed by a Florida neurosurgeon while employed as a junior associate territory manager at Options Medical. The suit also outlines how Options Medical pressured Boston to allow the neurosurgeon to continue sexually harassing her and other employees. In retaliation for her complaints, Options Medical denied Boston training and subjected her to defamation.

“During her employment at Options Medical, Ms. Boston was subject to severe or pervasive sexual harassment,” said Jay Ellwanger, a partner at Ellwanger Law LLLP. “When she reported the harassment to Options Medical management, not only did the company fail to take action, they encouraged her to allow the behavior to continue in order to keep the account. Today we are filing suit over Orthofix’s repeated failures to adequately address these claims.”

According to the suit, Florida neurosurgeon Dr. David Greenwald repeatedly subjected Boston to numerous instances of unwanted touching, including putting his hands under clothing and grabbing her bare breasts and buttocks, kissing her, rubbing her body in a sexual manner, and grabbing and holding her body against his. In addition, he made lewd and unwanted sexual comments, including about the size of her breasts, and shared sexually explicit jokes and memes.

“This was an incredibly difficult period of my life and the sexual harassment I endured was traumatic, leading to other physical and mental health impacts,” said Boston. “Unfortunately, sexual harassment is a routine and pervasive problem in the medical sales industry. I hope this suit will shed light on this behavior and lead to change before other women are forced to suffer simply while trying to do their job.”

Boston was employed at Options Medical from November 2016 until the end of September 2017. In her position, Boston was required to visit doctors’ offices to obtain signatures of medical necessity and other paperwork to authorize the use of Options Medical devices. According to the suit, Dr. Greenwald was one of Option Medical’s largest accounts during Boston’s employment at the company.

Options Medical, which was run by distributor principal and founder Beth Stevenson, was acquired by Texas-based Orthofix in February 2019. Stevenson is still currently employed at Orthofix.

The case is receiving public relations support from TIME’S UP Legal Defense Fund, which helps defray legal and public relations costs in select cases for those who have experienced sexual harassment or related retaliation in the workplace.

The Fund is housed at and administered by the National Women’s Law Center Fund, an established, national women’s rights legal organization. A network of lawyers and public relations professionals across the country work to provide assistance to those who have experienced harassment or retaliation.

Launched in January 2018, the Fund was created to help survivors of sexual harassment and retaliation in all industries—especially low-income women and people of color.  This suit is one of the first to be brought forward under the Time’s Up Healthcare initiative, which was launched in February 2019.

Attorney Jay Ellwanger is available for interviews. If you are interested in speaking with him, please contact him at jellwanger@equalrights.law or by phone at (512) 731-7467 or Suzanne Morse at smorse@oneillandassoc.com or by phone at 617-646-1020.

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