Pharmacist who admitted reusing syringe barrels in 'error in judgment' sues former employer

A former pharmacy manager in British Columbia who admitted reusing syringe barrels while immunizing people against COVID-19 is suing his former employer for wrongful dismissal and breach of contract.

Bhanu Prasad Seelaboyina filed a lawsuit against multiple companies he worked for, all of which share an address with Kent Guardian Pharmacy in New Westminster, B.C.

It claims he made an "error in judgment" in August 2021 when he reused syringe barrels — the plastic tube that holds the vaccine solution, not the needle — on some patients at Kent Guardian.

"[Seelaboyina's] termination was without just cause, as the plaintiff did not commit misconduct so serious as to justify termination of his employment for cause," the lawsuit reads.

"There is a heavy onus on an employer to establish just cause for dismissal. A single instance of an error in judgment is insufficient to ground just cause for dismissal."

The lawsuit claims Seelaboyina was fired without notice, equating to a wrongful dismissal and breach of contract, entitling him to damages.

Seelaboyina, when contacted at a pharmacy where he now works as a contractor, referred CBC News to his lawyer, who declined to comment "as this matter is in litigation."

Kent Pharmacy, the pharmacy named in the suit where Seelaboyina worked at the time of the incident, did not immediately respond to a request for comment.

None of the lawsuit's claims have been tested in court.

Not 'misconduct or gross incompetence'

Seelaboyina, the lawsuit says, worked at multiple pharmacies under the direction of pharmacist Fabina Kara starting in May 2020. He was made pharmacy manager of Kent Guardian in New Westminster in July 2021.

The lawsuit admits Seelaboyina reused the syringe barrels while administering COVID-19 shots "under the belief that he was engaging in safe practice that would not pose a health risk to patients."

It said he took responsibility for the reuse and that Kara was understanding about the mistake. It said she continued to employ him and "represented" that he would get a job at a different pharmacy. However, she instead fired him in September  2021.

The lawsuit says Seelaboyina never received written or formal warnings about his conduct or performance or conduct and was never given a chance to improve following the incident. It says he was never given safety protocols by his boss.

His terms of employment did not specify what he would be entitled to if fired, it said.

"The plaintiff's actions do not amount to misconduct or gross incompetence," the lawsuit claims.

The lawsuit says Seelaboyina is now making less money as a pharmacist in Surrey.

The college's inquiry committee, in a statement posted online, "determined that the registrant's admitted lack of knowledge of basic infection control practices introduced risk of infection and uncertainty into the lives of the 96 patients that he unsafely immunized."

He entered into a consent agreement with the college, the terms of which which included a year-long license suspension, a further 180-day ban on administering drugs by injection or nasally and the requirement to take a number of remedial courses.