Unwanted Office Birthday Party Triggers Panic Attack; Man Wins $450K Lawsuit

Employees at a Kentucky-based medical laboratory threw a birthday party for a co-worker who told them not to due to an anxiety disorder, resulting in a panic attack and a lawsuit that awarded the man $450,000.

The incident occurred at Gravity Diagnostics in 2019 after the employee, Kevin Berling, told co-workers not to throw him a party on his birthday, Aug. 7. When he learned of the celebration, he got upset and suffered a panic attack. According to the lawsuit filed in Kenton County, Ky., Berling was fired days later.

The trail order and judgment on March 31 read that the jury "unanimously concluded that Plaintiff [Berling] had a disability . . . was unable to perform the essential functions of his job with, or without reasonable accommodations . . . suffered an adverse employment action because of that disability."

The jury cited damages, including lost wages and benefits and lost future wages, which amounted to $150,000 in damages. The remaining $300,000 was awarded for "past, present, and future mental pain and suffering, mental anguish, embarrassment, humiliation, mortification, and loss of self-esteem."

According to NBC, the office had a habit of throwing birthday celebrations for employees. After the panic attack, Berling claims he was "confronted and criticized," for his reaction, triggering another panic attack after the birthday surprise.

Berling insists that he made the company aware of his desire against a celebration thrown due to his existing anxiety disorder prior to the birthday party.

According to BBC, the company has denied any wrongdoing and a spokesperson for the company told a local media outlet that Berling violated a "workplace violence policy."

However, panic attacks are not typically violent and Berling's attorney, Tony Bucher, said he posed no threat to anyone at Gravity Diagnostics.

"Because representatives from Gravity Diagnostics did not understand his panic response and were unnerved by his response, they assumed he was a threat. Assuming that people with mental health issues are dangerous without any evidence of any violent behavior is discriminatory," Bucher said.

It is estimated that 19.1% of Americans suffer from some form anxiety disorder.