Jury begins deliberations in fired Penn State football doctor’s trial

BREAKING: $5.25 million verdict for fired football doctor a loss for James Franklin

A Dauphin County jury Wednesday began its deliberations in the wrongful termination case of a fired Penn State football team doctor.

A verdict could come as soon as Wednesday evening. The jury received the case around 5 p.m. and was planning to take dinner in the deliberation room.

Dr. Scott Lynch claimed during the seven-day trial that Nittany Lions head coach James Franklin repeatedly tried to interfere with his medical decisions and return-to-play decisions for injured players. Their repeated clashes led to his March 2019 ouster, Lynch alleges.

Lynch is suing both his employer, Penn State Health, and the boss who removed him from his Penn State medical roles, Dr. Kevin Black.

“Dr. Lynch wouldn’t relent. He would not let Coach Franklin interfere with his medical autonomy,” Lynch’s attorney, Steven Marino, told the jury in his closing arguments, citing the reason his client was demoted.

Marino also planted a potentially big question in the jury’s mind, asking why the defense never called Franklin to testify in the case.

“They could have called James Franklin up here. I would have welcomed him,” the attorney said, noting the crux of the case centered around the coach.

In her closing, defense attorney Sarah Bouchard said her clients did “nothing wrong” in removing a Hershey-bound football doctor who wasn’t “all-in” on performing his Penn State duties because he was never available in State College full time.

FROM EARLIER WEDNESDAY:

Current Penn State doctor sat in cold tub with players, gave weight room tours

Saquon Barkley tells his “best” James Franklin story at fired Penn State doc’s trial

Lynch claims he was terminated from his dual roles as orthopedic consultant to the football team and medical director for Penn State Athletics because he refused to “allow a coach to interfere with his medical treatment and return to play decisions,” referring to Franklin who took over in 2014.

Lynch says he reported Franklin’s interference to Penn State Athletics and Penn State Health, including his immediate supervisor there, Dr. Black.

Lynch is seeking compensatory damages that an expert testifying on the doctor’s behalf pegged at $772,000. Lynch also seeks punitive damages intended to punish the defendants for what Lynch’s attorney alleges was retaliation for his client’s clashes with Franklin and a subsequent coverup to distance the coach from the decision to oust the doctor.

“What will it cost to make them change. To make them listen. You must decide,” Marino told the jury, calling for a “significant” punitive award necessary to get the attention of the big-pocketed defendants.

The defense asserts there’s no evidence Lynch ever altered any of his medical treatment of players under pressure from Franklin — or anyone else. Franklin and Penn State Athletics were dropped from the lawsuit over a filing technicality.

The jury is expected to continue deliberations into the evening Wednesday.