A former oncology nurse at Graves-Gilbert Clinic is suing that facility, saying she was fired either for providing needed care to a cancer patient, or as the result of discrimination stemming from her own two bouts with cancer.

Deb Killen of Franklin filed suit Tuesday in Warren Circuit Court. Craig Hackman, assistant administrator at Graves-Gilbert, said this morning that the clinic hasn’t yet been served with the suit. He declined to comment until he’s read details of the case.

Killen said she was hired as a nurse at Graves-Gilbert in 1999, and began working in the oncology department in 2003. She completed specialty certification as oncology nurse in February.

During that time, however, she had breast cancer twice – once in 2001 and again in 2007. The second occurrence required two operations, the latter of which took place in February, her suit says. As Killen was undergoing treatment, she heard “numerous criticisms” from coworkers and supervisors that she was distracted, looked tired and should have taken more time off, she said.

“When Killen returned from her second surgery the severity and frequency of such comments intensified,” the suit says. A month after she came back to work, Killen got her first negative evaluation in nine years on the job.

Four days later, on March 28, she was evaluating a chemotherapy patient, and noticed he was having breathing problems. Killen reported that, but was told to send the man home anyway, she alleges.

Another doctor wasn’t available in the oncology unit, so she took the man to a pulmonologist at The Medical Center, she said. The patient had fluid in his lungs and died two days later, Killen said. After she’d taken the man for that second opinion, Killen said, she told her superiors and the clinic doctor what she’d done.

“He never said anything else to me,” she said. Another doctor told her to take her concerns to the human resources department. She did, and was told they’d take care of it, Killen said.

“And I guess they did,” she said.

When she came in to work April 11, a human resources representative was waiting to tell her she was fired.

“I was totally shocked,” Killen said. “I was blindsided by the termination.”

Her suit says she was given the “vague” reason that she was violating an employee policy on “refraining from behavior or conduct deemed offensive or undesirable, or which is contrary to the Clinic’s best interest.”

Killen says she was told personally that she was not fired for her job performance, but for going over a doctor’s head to get the treatment she felt was warranted. She disputes the allegation that she wasn’t performing well due to her illness.

“I performed every duty with no compensation and no special needs,” Killen said.

She’s seeking compensatory and punitive damages, back pay, attorney fees – and her job back. Given the small oncology nursing community in this area, it would be tough to find another such job, especially after being fired, she said.

“This is something that could be a black mark in my employment for the rest of my life. I want it erased,” Killen said.

Her regular oncology patients still call her at home to ask what happened, she said.

“I just state that I was wrongly terminated, and I hope they get quality care and I wish them the best,” Killen said.