A lawsuit filed by a former Penn State football team doctor alleges that coach James Franklin attempted to improperly interfere with decisions about players’ injury statuses, and that he lost his job for reporting Franklin’s actions.
Dr. Scott Lynch joined the athletic department in 1997. He served as football team director from 2013-18 and director of athletic medicine from 2014-18. Lynch is suing Franklin, athletic director Sandy Barbour and Penn State, among other defendants, alleging they conspired to remove him from his roles in retaliation for having reported Franklin’s demands regarding players’ medical care.
The stated reason for Lynch’s ouster was his primary work location being in Hershey, Pa., rather than State College. Lynch was replaced by Dr. Wayne Sebastianelli, who is located in State College and who was Lynch’s predecessor as team doctor.
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Lynch “refused to relent” to Franklin’s “multiple and repeated” attempts at interference with medical decisions, according to the lawsuit filed Friday in Dauphin County court and first reported by PennLive, and Lynch reported those attempts to multiple parties, including Barbour.
That resistance was the actual reason behind Lynch being removed from the team, the lawsuit alleges, which if true would violate protections afforded to whistleblowers under Pennsylvania state law.
A request for comment from athletic department officials was directed to Penn State Health, which said in a statement the change from Lynch to Sebastianelli “was completed with the best interests of student-athletes in mind.”
“While we reject Dr. Lynch’s claims and will vigorously defend our program and its representatives, we remain grateful to him for his five years as director of athletic medicine for Intercollegiate Athletics and for his continued association with Penn State Health,” the statement continued.
According to NCAA guidelines, schools are to “establish an administrative structure that provides independent medical care and affirms the unchallengeable autonomous authority of primary athletics health care providers … to determine medical management and return-to-play decisions related to student-athletes.”
However, the NCAA has been reticent to punish schools alleged to have ignored the independent care guidelines. NCAA officials did not immediately respond to requests for comment Monday.
Lynch, represented by Steven Marino and Joseph Auddino from Philadelphia-based law firm Marino Associates, is suing for $50,000 of damages, plus interest and other fees.
UPDATE Aug. 27:
Franklin began his weekly press conference Tuesday by reading a statement regarding Lynch's lawsuit.
"Yesterday, Penn State Health issued a statement rejecting Dr. Lynch's claims," Franklin said. "We'll continue to vigorously defend our program and all its participants in this manner. As always, the health and well-being of our student-athletes is of utmost importance to us."
Franklin said he would be making no further comment about the allegations.