Victor Yu, a Legionella researcher who was fired in 2006 by the Pittsburgh Veterans Affairs Health System, has lost another round in a lawsuit charging that his right to due process was violated.
The 3rd U.S. Circuit Court of Appeals, citing jurisdictional grounds, declined to overturn an earlier ruling that found his termination was lawful, along with the shuttering of his lab and the destruction of almost 30 years of his work, including samples.
The three-judge panel found that Dr. Yu's complaints belonged in front of a review board, not the federal courts. The ruling lets stand a 2011 decision by U.S. Magistrate Judge Maureen Kelly that upheld Dr. Yu's firing.
Many people familiar with the recent outbreak of Legionnaire's disease at the Pittsburgh VA directly connect it with the firing of Dr. Yu and the resignation of his colleague, Janet Stout, and the closing of their lab. That outbreak sickened 22 people, killing at least five.