NYPD Doctor Allegedly ‘Intimidated’ Cop with Cancer: Lawsuit

An NYPD officer who survived a stroke and two bouts of breast cancer claims the ward doctor bullied and harassed her, which eventually led to her quitting, court documents show.

Destiny McCann, 39, who became an officer in 2009, received her first breast cancer diagnosis in 2018, suffered a stroke in 2019 and was diagnosed with breast cancer for the second time in 2021, according to her Brooklyn Supreme Court lawsuit filed Tuesday.

Jamaica, Queens, mom of a 15-year-old son, says her job troubles began when the NYPD’s new Deputy Surgeon General – John Santucci – began overseeing her disability case in 2020, the statement said.

“He really bullied me,” McCann told The Post. “I’ve been working all these years and for him to push me away… I get mostly pennies.”

According to the lawsuit, when McCann, who had “trouble walking” and was “disabled”, saw Santucci, he screamed for no reason, telling her, “I don’t care what other doctors say. I’m in charge here, and you’re back to work. Resign if you don’t want to be tortured.”

Santucci, 62, who is also associated with NYU Langone, allegedly harassed McCann on a monthly basis and threatened to suspend her if she took more sick days and tried to force her to return to work before she recovered from her radiation therapy, the lawsuit says.

“I feel like it was unfair,” McCann said. “I didn’t do anything wrong. I just got sick.”

Contributed by John Scola

Contributed by John Scola

Advertising

“Are you threatening to remove me from my job and fire me because I have cancer?” McCann said.

Court documents allege that McCann was “intimidated” by Santucci but was forced to continue seeing him for two years until she quit in January 2022, despite repeatedly requesting a different doctor be assigned to her case.

During this time, Santucci allegedly told McCann “You’ve never had a stroke”, “You’re fine”, and “my secretary has the same condition as you and is at work”.

Contributed by John Scola

Contributed by John Scola

Advertising

McCann filed a complaint with the Office of Equal Employment Opportunity on March 5, 2021; the case “was closed without investigation” after 11 days, according to court documents.

The following month, McCann began radiation therapy, ending in June 2021 when Santucci tried to “force” her back to work, although she was still recovering from the radiation and had third-degree burns, which he “ignored,” the lawsuit alleges. In July of the same year, one sergeant “saw [her] radiation burns and stated how wrong it was for [her] be at work,” the statement said.

Also in July 2021, Santucci named McCann as a “chronic disease B” patient — meaning she would have to notify the NYPD every time she wanted to leave her home — while remaining under “house arrest” until she retired in January. 2022, the lawsuit says.

“I didn’t want to leave, but I couldn’t bear the stress, the screaming,” McCann said on top of her illness.

McCann was twice denied a disability pension claim that would have paid ¾ of her salary and instead had to take early retirement with only half her salary, according to McCann and her lawsuit.

McCann “was forced to leave his job due to the defendants’ failure to adjust”. [her] and harassment,” the lawsuit says.

She wanted to continue working for the rest of her career in modified duties or office jobs until she was 63 and able to fully retire, but the NYPD “never entered into a dialogue about how best to accommodate her.” “, the statement said.

Court documents noted that she may have been appointed to other positions in the security forces, including her most recent appointment to an administrative position at the courthouse.

“If I had continued to work longer, I would have received more of my salary. I need this money because I have my disease and I have to take care of my family,” McCann said.

Instead, McCann will lose nearly $12,000 in retirement benefits a year, court documents say.

McCann’s cancer is currently in remission; she no longer works, but she has many health problems and side effects from the medications she takes

“I’ve been in treatment for nine years to make sure the cancer doesn’t come back,” McCann said of the hormone-suppressing drugs. “It tires me out and makes my body ache.”

McCann’s lawyer, John Scola, told The Post: “The NYPD would rather pursue an officer who has cancer than follow the law and treat him.

“The callous nature of this repeated insult, and the palpable harm it did to Officer McCann and other officers in similar situations, cannot be overemphasized.”

She is suing the city and Santucci for disability discrimination and retaliation claims, and seeking unspecified damages.

A spokesman for the city’s legal department said, “We’ll review the case when we’re served and we’ll answer in the lawsuit.”

Santucci and the NYPD did not respond to requests for comment.

Additional report by Craig McCarthy