HPAE will pursue anti-SLAPP suit legislation

A United States district court judge has dismissed a lawsuit filed by Bergen Regional Medical Center against the Health Professionals and Allied Employees (HPAE) and its president, Ann Twomey.

The lawsuit charged the union, which represents 425 nurses and healthcare professionals working at the hospital, with interfering with their business because of their public patient advocacy.

HPAE called the lawsuit, termed a Strategic Lawsuit Against Public Participation (SLAPP), an attempt to use the courts to silence the nursing staff at the medical center from speaking out publicly about problems in patient care at the hospital.

Among the charges in the lawsuit were that members of HPAE had testified before a State Assembly Health Committee and regulatory agencies about poor patient care at the hospital.

HPAE successfully moved the suit to federal court, where the union won its argument that all of the issues and activities undertaken by the HPAE nurses cited in the lawsuit fell under the jurisdiction of the National Labor Relations Act. 

HPAE attorney Leon Savetsky applauded the decision: “This lawsuit was a blatant attempt to stifle public criticism on matters of vital public concern through an inappropriate use of the courts. Ann Twomey and the nursing and health professionals of HPAE will not be coerced or intimidated, and will continue to speak out on behalf of the patients and people of Bergen County.”

Coincidentally, legislation protecting citizens from SLAPP suits, sponsored by state Sen. Loretta Weinberg, is being considered by lawmakers.

“I look forward to the passage through the Senate of anti-SLAPP suit legislation to send an even stronger message that these attempts to silence our citizens will not be tolerated in New Jersey,” says Weinberg.

“This lawsuit is the latest example of companies willing to inappropriately use our court systems to silence our citizens from speaking out—whether they are speaking to protect patients or in defense of their community or the environment,” said HPAE president Ann Twomey.

“While I am grateful to be relieved of the burden of the lawsuit, I will continue to fight for the rights of every citizen willing to stand up for what they believe—and I applaud our state senators and Assembly members for standing with us as well.”