Former Penn State Football Doctor Waged 'Proxy War' With Lawsuit, Defendants Claim

Defendants in the lawsuit filed by a former Penn State football doctor are asking a judge to vacate the jury's decision, saying that Dr. Scott Lynch did not prove his claim of wrongful termination. Further, according to their motion for post-trial relief, the defendants said that Lynch "sought to wage a proxy war against PSU and its Athletics Department."

The defendants, Hershey Medical Center and Dr. Kevin Black, seek a judgment notwithstanding the verdict or a modification of the $5 million in punitive damages the jury awarded Lynch. An oral argument regarding the motion is scheduled for Aug. 29 in Dauphin County Court. The defendants are not seeking a new trial, according to the motion.

In May, a Dauphin County court awarded Lynch $5.25 million after a seven-day trial that invoked Penn State coach James Franklin and included testimony from former Nittany Lions Saquon Barkley and Trace McSorley. The jury agreed with Lynch's claims that he was removed from his positions as Penn State's director of athletic medicine and football team doctor in 2019 after claiming that Franklin interfered with medical decisions. Lynch remains employed at Hershey Medical Center.

In determining its decision and the damages, the jury answered "Yes" to several questions, including one that referenced Franklin:

"... [W]as there a causal connection between Plaintiff Scott Lynch's refusal to comply with Penn State University Football Team's Head Coach James Franklin's attempt to influence or interfere with [Lynch's] medical autonomy and return-to-play decisions of student athletes and Defendants' decisions to demote/remove [Lynch] from his position as orthopedic surgeon for the Penn State football team and Director of Athletic Medicine?"

In their motion, the defendants said that Lynch's suit "was never about" them or the statutes he cited in court. The motion said that Lynch "deceived both the jury and the Court" and that Lynch's case focused on NCAA and Big Ten guidelines, "which are not public policy of this Commonwealth."

The defendants also said that Lynch attempted to "confuse and mislead the jury with extensive, repetitive and cumulative evidence regarding irrelevant NCAA bylaws and Big Ten standards that neither apply to [them] as a healthcare institution nor constitute the public policy" in Pennsylvania.

"[Lynch's] argument that his claim was based on these statutes was simply a ruse to tell a conspiratorial narrative that had no basis in fact and, more importantly, had no nexus to the actual remaining Defendants," the motion stated. "... In fact, the real intention was obvious — Plaintiff sought to wage a proxy war against PSU and its Athletics Department, neither of whom were Defendants."

Lynch's initial lawsuit in 2019 included Penn State University, Franklin and two former athletic department administrators as defendants. Lynch contended that Franklin interfered with medical decisions and that Penn State Athletics wanted him reassigned from his position for reporting those issues. A judge removed those defendants from the suit in 2020 because it was filed after the statute of limitations had expired.

The Associated Press reported on a Penn State internal investigation that found "friction" between Franklin and Lynch but did not determine whether Franklin had violated Big Ten or NCAA standards regarding medical care. Lynch told the Associated Press that he filed the lawsuit to "effect change" nationwide regarding medical care for athletes.

“My goal is not to target anybody in particular,” Lynch told the Associated Press. “My overarching goal is to try to get policies and procedures in place to stop this from happening. So what happens to [Franklin] is not really my concern. My concern is way above that. Not just at Penn State. I’m hoping that this can be a catalyst so other people come forward now and we can effect change.”

In their motion, the defendants said they replaced Lynch with Dr. Wayne Sebastianelli, the former Penn State football team doctor who lives in State College and practices at facilities near campus. Lynch did not live in State College and worked in Hershey. The motion called Sebastianelli "a better qualified and more experienced orthopedic surgeon."

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AllPennState is the place for Penn State news, opinion and perspective on the SI.com network. Publisher Mark Wogenrich has covered Penn State for more than 20 years, tracking three coaching staffs, three Big Ten titles and a catalog of great stories. Follow him on Twitter @MarkWogenrich.