An area doctor who lost his job as medical director at the Hollidaysburg Veterans Home after complaining about the care provided to residents will be allowed to move ahead with a lawsuit under the state’s Whistleblower Law, according to a ruling late last week by the Pennsylvania Commonwealth Court.

The doctor, John M. Vasil of Northern Cambria, was an employee of ADARA Healthcare Staffing Inc., Duncansville, the firm hired by the state Department of Military and Veterans Affairs in 2012 to provide on-site medical services to residents of the nursing facility.

Laura O’Farrell, a registered nurse, was the president of ADARA, and she and Vasil provided oversight of the facility’s medical care.

Their tasks included identifying problems and ways to address them.

Beginning in August 2012, Vasil and O’Farrell began to relate their concerns to Dr. John Bart, the head of clinical services for the state’s six veterans nursing homes.

They focused on areas in which they thought the residents were receiving substandard care, including the lack of testing and blood work, the failure to provide appropriate medications and placement of some residents in hospice care who didn’t need such care.

In early September 2012, the two outlined concerns on a daily basis regarding the lack of appropriate care for residents.

On Sept. 28, 2012, the Department of Military Affairs asked ADARA to prepare a corrective action plan, the Commonwealth Court stated.

The situation came to a head in early 2013 when Dr. Vasil was not immediately informed of a patient who was suffering from influenza.

He recommended the administration of Tamiflu to all residents, but the state did not have enough doses, the Commonwealth Court related.

The home was also slow in quarantining the sick resident, and that eventually led to the quarantining of the entire building.

On Jan. 14, the state terminated ADARA’s contract.

O’Farrell and Vasil initially filed a lawsuit contending the contract was revoked because of their complaints.

According to Vasil’s Pittsburgh attorney, Stanley Stein, ADARA and O’Farrell came to a settlement with the state.

The Department of Military Affairs in February asked the Commonwealth Court to dismiss Vasil’s lawsuit in which he contends he lost his job as medical director — although he was later contracted to provide medical services — in violation of the Pennsylvania Whistleblower Law that protects employees who come forward and air their concerns about state services.

Last Friday, Judge P. Kevin Brobson issued an opinion that rejected the state’s request to dismiss Vasil’s claim, pointing out that although he still is providing medical services, his lost income from no longer being medical director represented an “adverse consequence that would dissuade a reasonable worker from reporting serious events or incidents (under the Whistleblower Law).”

Vasil also contended the airing of his concerns kept him from obtaining another position at a state facility in Ebensburg.

However, Vasil’s attorney admitted during oral arguments that he could not prove the Department of Military Affairs interfered with the doctor’s ability to obtain a contract with the Ebensburg facility.

The three-judge panel that heard the argument dismissed the claim by Vasil.

The next step will be a trial before the Commonwealth Court, according to Stein.

While Vasil complained about the Hollidaysburg Veterans Home’s reaction to the flu in 2012, Joan Nissley, a spokeswoman for the Department of Military Affairs, said during the present COVID-19 pandemic, the Department of Military Affairs “went into action right away.”

Visitation, including vol­unteers, was restricted. Outings and group activities were canceled, screenings were conducted and no new admissions have been accepted.

Citing statistics, Nissley said 35 staff members statewide tested positive for COVID-19.

Seventeen have returned to work.

Thirty-five residents were positive for the virus. There have been 15 COVID-19 deaths among the residents.

She said the average age of residents in the state’s six veterans nursing homes is 80.

The Commonwealth Court panel that ruled on the Vasil case also included Judges Renee Cohn Jubelirer and J. Andrew Crompton.