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Court Revises Ruling on Moral Harassment Case and Excludes Compensation Payment, After Judge Considers That Individual Performance Metrics Are Part of the Bank’s Directing Power Without Configuring Embarrassing Exposure
The Second Panel of TRT-18, in Goiás, recently decided that the disclosure of productivity rankings by banks does not constitute moral harassment, absolving the institution from compensating an account manager who felt harmed by the monitoring of her goals.
The Judicial Decision
The panel reformed the initial ruling after the case reached the second instance for detailed analysis by the judges involved in the process.
The court established that productivity spreadsheets with individual identification of employees do not violate professional honor, according to TRT-18.
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Judge Platon Teixeira de Azevedo Filho, the case rapporteur, voted for the exclusion of the moral damages claim against the bank.
Directing Power and Goals
The decision emphasized that the demand for results and internal disclosure are part of the legitimate directing power of any current employer.
For the rapporteur, moral harassment requires proof of humiliating treatment, persecution, or embarrassing exposure, facts not demonstrated by the plaintiff.
The absence of evidence of abuse or degrading situations motivated the reform of the previous decision favorable to the bank’s manager.
The Process: Context and Precedents
The banking institution was exempted from compensation payment due to having established compliance and prevention policies against irregular conduct.
The understanding established by the Second Panel of TRT-18 consolidates precedents already set by the TST (Superior Labor Court) in similar cases.
The account manager’s lawsuit began after her dissatisfaction with the position achieved in the internal performance evaluation system.
With information from CNN.
You May Also Like: Historic Compensation of US$ 951 Million for Medical Negligence, One of the Largest Ever Paid, Places Blame on Recently Trained Nurses and Doctor Sleeping During Negligent Delivery
A case recently drew attention in the U.S. In a historic ruling, the Utah court awarded US$ 951 million to a family due to medical negligence during childbirth, resulting in permanent disabilities for Azaylee McMicheal, daughter of Anyssa Zancanella and Danniel McMicheal, in a case that may change the approach to prenatal care.
Judge Patrick Corum, in an unprecedented verdict, determined that Steward Health Care, operator of Jordan Valley Medical Center, was responsible for the negligence during the delivery of Azaylee McMicheal.
The decision, issued in August 2025, results in the largest compensation for medical error ever recorded in Utah and one of the highest in childbirth injury cases across the country.
The US$ 951 million verdict is surprising, especially when compared to typical compensations in similar cases.
While most compensations for medical negligence in severe births range from US$ 1 million to US$ 15 million, the value of Utah’s verdict is approximately 63 times higher than the common maximum amount for such cases.
In October 2019, Anyssa Zancanella and her husband, Danniel McMicheal, were on their way to Salt Lake City when Anyssa went into labor.
What was supposed to be a simple and routine delivery turned into a medical nightmare.
According to the lawsuit filed by the family, the nurses responsible for Zancanella’s care, who were newly graduated and lacked proper experience, administered excessive doses of Pitocin, a drug used to induce labor, while the on-call doctor was sleeping in a nearby room.
Negligence and Irreparable Damage
The failure to administer the medication and the delay in the procedure resulted in the birth of Azaylee with serious complications.
The child presented cranial deformity, severe swelling, and other signs of oxygen deprivation. After birth, Azaylee was airlifted to Primary Children’s Hospital in Salt Lake City, where she received intensive care.
The description of the errors made during the process led Judge Patrick Corum to strongly criticize the care received by Zancanella.
In his words, the hospital was compared to an improvised birthing location, “the most dangerous place on the planet.”
Corum also expressed deep empathy for the family, stating that Azaylee, now 5 years old, lost the possibility of becoming the person she could have been due to the brain damage caused by oxygen deprivation during childbirth.
Implications and Repercussions
This case carries significant implications for both Utah’s health system and the delivery care protocols in hospitals across the United States.
Cases of medical negligence of such magnitude often result in a review of hospitals’ internal policies, increased training for medical teams, and, in some cases, changes in safety protocols.
Although the family has been awarded substantial compensation, the viability of receiving the full amount remains uncertain.
Steward Health Care filed for bankruptcy, raising doubts about the company’s ability to pay the full amount of the ruling.
However, the family’s lawyers hope to secure at least the punitive damages, which represent approximately half of the total amount awarded.
Childbirth Negligence: A Landmark in Legislation
The historic ruling is also seen as a landmark for legislation on medical negligence.
Similar cases may be treated more rigorously as other states evaluate the need to increase compensation for permanent injuries caused by preventable medical errors.
Lifelong Care
The effects of injuries sustained during childbirth often require ongoing medical care throughout life, with high costs for families.
The US$ 951 million compensation aims to cover Azaylee’s care needs, including medical treatments, continuous therapies, and assistive adaptations to improve the child’s quality of life.
Possible Appeal
Although Steward Health Care has not yet commented on a possible appeal of the decision, this case continues to generate debates about the responsibility of hospitals and doctors in the proper treatment of pregnant women.
The consequences for the healthcare industry in Utah and beyond could be profound, with hospitals being pressured to review their practices and enhance safety in childbirth care.
The historic ruling in Utah brings a new chapter in the fight against medical negligence, providing an important precedent for families seeking justice for damages caused by failures in medical care.
With information from Nurse.
Mais uma vitoria dos poderosos banqueiros . O dinheiro falando mais alto em todas as estâncias. E os apoiadores, como não foi com uma familiar também.
A velha história: se estivesse bem colocada no ranking, nunca iria reclamar. Ou seja, “minha produtividade diminuiu, fui ‘exposta’ por isso, me sinto prejudicada e exposta, exijo indenização”. Próximo passo: despedimento por exposição indevida e infundada de entidade empregadora!
Ou por nenhum motivo em particular, já que nenhum empregador necessita motivos para demitir funcionário…