by Mindy Aguon

Guam - The Guam Memorial Hospital is seeking judicial review of the Civil Service Commission's decision to modify adverse action that was taken against an emergency room technician. In October 2010, the hospital terminated Melanie Aguon for performing a procedure on an elderly woman who came into the ER complaining of vomiting and diarrhea.

According to court documents, Aguon said she had a "trick" to make the woman stop the continuous bowel movements and inserted a catheter into the woman's rectum. The hospital notes, however, that such a device is neither designed nor approved for rectal use and it could have resulted in a catastrophic medical condition.

Aguon appealed the termination to the CSC, arguing the action was too harsh and the hospital failed to utilize progressive discipline. The Commission in turn voted 4-to-3 and modified the adverse action from a termination to a 30-day suspension. The hospital is now seeking a court's approval to uphold the termination.

If the court upholds the Commission's ruling, Aguon could stand to receive back pay of more than a year and a half and be allowed to return to her position at the hospital.