Ex-PSU team doctor’s lawsuit against James Franklin, Penn State dismissed after missed deadline
A former Penn State football team doctor who claimed in a lawsuit that coach James Franklin pressured him to prematurely allow injured players to return waited three days too long to sue, a Dauphin County judge ruled Wednesday.
Judge Andrew Dowling dismissed Scott Lynch’s claims against Franklin, Athletic Director Sandy Barbour, senior associate athletic director Charmelle Green and the university.
“It might appear this is a harsh result, but ... the 180-day limitations period is mandatory and may not be extended by the court by even one day,” Dowling wrote in his 12-page decision. “Moreover, if we were to forgive one day of lateness, would we then have to forgive five days of lateness? Or 10? Where would we draw the line?”
Lynch, who accused Franklin of interfering with medical management and return-to-play decisions “on multiple and repeated occasions,” was replaced in March 2019.
But the statute of limitations began when Lynch had an exit interview Feb. 21, 2019, Dowling found. Lynch filed his lawsuit Aug. 23, 2019 — 183 days later.
No specific instances of Franklin’s supposed meddling were mentioned in Lynch’s 43-page complaint.
“We are gratified by today’s ruling because we have always rejected the claims in the complaint. Protecting the health and well-being of students is the single most important priority at Penn State, and that is certainly true for our student-athletes as well,” the university said in a statement. “We are pleased that the highly-regarded athletic medicine program supporting our student-athletes moves forward under the outstanding direction of a national leader in orthopedic sports medicine.”
Lynch, who still works at Penn State Health’s Milton Hershey Medical Center, claimed he was replaced because the university preferred a physician who lived closer to Happy Valley.
And while Dowling potentially cleared the university, Franklin and others, he allowed claims that he was against Lynch’s employer to continue. Lynch claimed he was subjected to an “adverse employment action” when he was ousted.
The medical system has repeatedly denied his accusations.
Lynch’s attorney, Steven Marino, said he was “disappointed” in Dowling’s decision and will likely appeal.
“He relied on an unpublished, unprecedential decision to support his conclusions. It’s an area of law that’s unsettled in Pennsylvania,” Marino said. “It should be addressed by the appellate courts in a more clear way.”
This story was originally published April 29, 2020 at 1:35 PM.