Pena v. Meeker - Oral Argument on April 15th

Next Friday, April 15th, the U.S. Court of Appeals for the Ninth Circuit will hear oral arguments in Pena v. Meeker.  Van Pena was fired for allegedly writing a unilateral DNR order on the grounds that it was medically ineffective and non-beneficial.  Pena argues that since the DNR order was appropriate, this ground for dismissal is clearly pretextual.  The actual basis for dismissal, argues Pena, was retaliation in violation of civil rights.   Pena lost after a jury trial in November 2009.  But one ground of appeal is that the trial court did not permit him to adequately present his medical futility argument to the jury.  I posted a copy of the plaintiff's trial brief here.