COOK MEDICAL, LLC, NICHOLAS BIGGS, BRANDON MEYER, and DENNIS WINDSOR SUED FOR SEX DISCRIMINATION 

On or around July 22, 2025, The Law Office of David H. Rosenberg, P.C filed a verified complaint of sexual discrimination and retaliation on behalf of its female client (“Complainant”), a former employee, against Cook Medical LLC, male medical educational manager Nicholas Biggs (“Biggs”), male Human Resources manager Brandon Meyer (“Meyer”), and male manager Dennis Windsor (“Windsor”), with the New York State Division of Human Rights. 

According to the verified complaint, on or around August 1, 2022, Complainant, a then fellows program manager with supervisory authority over Biggs, instructed Biggs to assist Kajal Joshi[2] with her fellows project, including the hands-on animal lab, and that, “We are also going to work on the new STO event together with Erin.”[3]

As alleged in the verified complaint, on or around September 1, 2022, Biggs refused to take instruction from Complainant, telling Complainant in front of Martin generally, “I can’t help with the STO event, that’s your job as an engagement manager,” and then walked away. On or around September 10, 2022, Biggs again refused to take instruction from Complainant, telling Complainant generally, “I do not want to go to the hands-on animal lab” in front of Martin. Other non-female employees were not treated this way.

As alleged in the verified complaint’s sworn-to allegations, on or around September 15, 2022, Joshi told Complainant that Biggs had stopped returning her calls. On or around October 12, 2022, Complainant instructed Biggs to assist Martin in handling a task at a Company event in Chicago with Martin. Biggs group texted Complainant and Martin, “I don’t want to handle this task in Chicago; if [Complainant] wants it done, she should do it herself.” Other non-female employees were not treated this way.

According to the sworn-to allegations in the verified complaint, on or around October 28, 2022, Martin told Complainant that Biggs had not been assisting her with labels, saying generally, “Nick told me before that he doesn’t want to make labels.” On or around October 31, 2022, Complainant told Windsor generally, “Nick has avoided instruction from me and does not assist Erin, who is taking on his responsibilities as a result. For example, he would not assist with a simple task like making return labels, and he outright told me I should handle a task that he could handle.” Notwithstanding this complaint, no investigation was conducted, no corrective action was taken, and no disciplinary action was taken. On the contrary, the hostility continued. 

According to the verified complaint, on or around December 5, 2022, Complainant gave Biggs his review in accordance with Company policies and practices, saying generally, “You are still inconsistently meeting expectations.” Biggs exhibited facial signs of disgust, gave Complainant a menacing look, and said, “Sometimes, I shudder at the feedback you provide.” Other non-female employees were not treated this way.

As alleged in the verified complaint, on or around January 1, 2023, Complainant told Biggs generally:

“Please create training materials for the aortic project in lieu of doing demos; lead the Company’s involvement in the HRS and CRT conference, including full ownership of planning; coordinate cross-functional stakeholders; manage onsite execution of the Fellow Lounge and sales engagement, ensure all are properly documented in and consistent with Salesforce tracking of all associated educational and field-based activities.“

As alleged in the verified complaint’s sworn-to allegations, on or around February 1, 2023, Martin told Complainant generally, “Nick wasn’t on any call today, he’s had his conference away message up all week, I’ve been covering him the last 3 days, forcing me to unofficially quarterback the CRT conference without assistance.” On or around February 3, 2023, Complainant told Windsor generally, “I am concerned Erin will continue picking up the slack for Nick unless leadership addresses it.” Notwithstanding this complaint, no investigation was conducted, no corrective action was taken, and no disciplinary action was taken. On the contrary, the hostility continued.

According to the sworn-to allegations in the verified complaint, on or around February 15, 2023, Biggs told Complainant that he was doing a demo and gathering feedback on “the aortic project” despite being instructed not to. On or around March 1, 2023, Biggs told Complainant generally that he decided to do demos for the aortic project in contravention of Complainant’s January 1, 2023, instructions. Other non-female employees and those who did not oppose discriminatory practices were not treated this way.

According to the verified complaint, on or around March 13, 2023, Joshi informed Complainant generally, “Nick said he will not attend the HRS conference” in contravention of Complainant’s January 1, 2023, instructions. On or around March 15, 2023, Complainant complained to Windsor generally, “Kajal told me Nick will not attend the HRS conference, and he refused to take any instruction or direction from me.”  Notwithstanding this complaint, no investigation was conducted, no corrective action was taken, and no disciplinary action was taken. On the contrary, the hostility continued.

As alleged in the verified complaint, on or around March 30, 2023, Biggs told Complainant generally that he would not be attending the HRS conference in contravention of the January 1, 2023, instructions because “I’ve already talked with Dennis.”  On or around April 1, 2023, Biggs again refused to take instruction from Complainant and told her words to the effect of, “Why can’t you handle this? I’m going to talk to Dennis.”  

As alleged in the verified complaint’s sworn-to allegations, on or around April 15, 2023, Complainant told Windsor generally, “I’m uncomfortable with how Nick is reacting to being managed by me, especially when holding him accountable for his goals. I also received similar feedback from Kajal, and worried his problem is with female managers.” Notwithstanding this complaint, no investigation was conducted, no corrective action was taken, and no disciplinary action was taken. On the contrary, the hostility continued.

According to the verified complaint, on or around May 2, 2023, Windsor seemed to caution Complainant to stop opposing Biggs’ discriminatory treatment, telling her words to the effect of, “Are you sure about a PIP[4] for Nick Biggs?” On or around May 24, 2023, Joshi told Complainant generally, “Nick did the absolute bare minimum and left the HRS conference early without informing anyone.” 

As alleged in the verified complaint, on or around May 25, 2023, Complainant told Windsor generally, “Kajal informed me that Nick did the bare minimum and left HRS early without informing anyone.” Windsor said, “Did Kajal explain what Nick would have done better? We need to give him specific direction so he can improve. As a leader, Kajal should be giving him feedback, on-site, agreed?” On or around May 30, 2023, Complainant told female global meded operations senior manager Katie Avers (“Avers’), “Dennis is not supporting me with Nick’s insubordination. Every time I raise concerns, it feels like I’m the problem instead of his behavior. I’m scared to move forward with a formal PIP.” Notwithstanding this complaint, no investigation was conducted, no corrective action was taken, and no disciplinary action was taken. On the contrary, the hostility continued.

As alleged in the verified complaint’s sworn-to allegations, on or around June 1, 2023, Meyer told Complainant not to give Biggs the PIP, saying  generally in front of Windsor, “For Nick, I recommend starting with a preliminary PDP instead of jumping into a PIP.” Other non-female employees and those who did not oppose discriminatory practices were not treated this way.

According to the sworn-to allegations in the verified complaint, on or around June 6, 2023, Biggs again refused to take instruction from Complainant, telling Martin generally, “I’m not going, you can tell [Complainant] she can handle this task.” On or around June 8, 2023, Complainant told Windsor, “Nick outright has been telling me to handle tasks that are all reasonably his.” Notwithstanding this complaint, no investigation was conducted, no corrective action was taken, and no disciplinary action was taken. On the contrary, the hostility continued.

According to the verified complaint, on or around June 16, 2023, Biggs threatened Complainant with words to the effect of, “I don’t accept this PDP. I’m blindsided by this PDP news, you don’t have proof, are we done, do I need to meet my dad?” (“June 16, 2023 Threat”). Complainant reported the June 16, 2023, Threat to Windsor, who refused to have any investigations conducted, corrective action taken, or disciplinary action given. On the contrary, the hostility continued. 

As alleged in the verified complaint, on or around July 1, 2023, Biggs told Complainant in front of Meyer, “I disagree with this PDP, none of this is true, and I want a second opinion.” On or around July 6, 2023, Biggs again refused to be instructed by Complainant, saying words to the effect of, “Why are you asking me? I don’t think you’ve chosen the best option, but it sounds like I don’t have a voice here. All good, I’ll stay out of it.” Other non-female employees and those who did not oppose discriminatory practices were not treated this way.

According to the sworn-to allegations in the verified complaint, on or around July 10, 2023, Windsor seemed to confirm his condonation of Biggs’ discriminatory behavior, telling Complainant instead to “reach out to Katie to help with Nick.” On or around July 15, 2023, Complainant told Avers generally, “Nick has been resistant to direction from me in a way I haven’t seen him act toward male managers.”   Notwithstanding this complaint, no investigation was conducted, no corrective action was taken, and no disciplinary action was taken. On the contrary, the hostility continued.

As alleged in the verified complaint’s sworn-to allegations, on or around July 26, 2023, Windsor tried to cover up the sexual harassment and retaliation, saying to Complainant in front of Avers generally, “Nick has a perception problem and it’s up to us to help him without discouraging him too much.” On or around August 15, 2023, Avers told Complainant, “Nick hasn’t been showing up to our one-on-one calls. When I tried to coach him on that, he pushed back and said that he did not need my help.” 

According to the verified complaint, on or around September 15, 2023, Complainant told Meyer generally about Biggs’ insubordination, continued poor work performance, and requested that Biggs be put on a PIP. Meyer refused, telling Complainant, “You can extend the PDP one more month, and then we can reevaluate.” On or around October 15, 2023, Windsor instructed Complainant to end Biggs’ PDP despite the fact that Biggs had been insubordinate to Complainant. Other non-female employees and those who did not oppose discriminatory practices were not treated this way.

As alleged in the verified complaint, on or around November 15, 2023, Complainant was demoted to “strategic single contributor,” and male employee Kian Olsen (“Olsen”) informed her generally, “You will no longer manage Nick and Erin, and they will now report to Nicole McBride.”[5]  Starting in or around January 2024, Complainant’s management duties were removed, and Windsor refused to permit any promotion of Complainant to the P6 role on account of sex and in retaliation.

According to the sworn-to allegations in the verified complaint, on or around January 12, 2024, Windsor told Complainant her role was being reduced in front of Olsen, saying generally:

“You will no longer have decision-making authority for the Vascular fellows program. Instead, you will only be informed and consulted. You will be responsible for expanding the fellows programs globally and into MedSurg division, responsibilities not a part of your previous role. There is no salary adjustment with your reassigned role because it is a lateral move, but we have plans of a promotion for a P6 role.”

However, Complainant was never promoted to the P6 role. Other non-female employees and those who did not oppose discriminatory practices were not treated this way.

As alleged in the verified complaint’s sworn-to allegations, on or around April 18, 2024, McBride informed Complainant that her role was being reduced again, saying generally, “Dennis said you were removed from Vascular, Nick and Erin need to be the contact for Vascular moving forward.” On or around May 22, 2024, Windsor informed Complainant that her role was being reduced again, in front of McBride, saying words to the effect of, “[Complainant] will be consulted and informed on vascular, while Erin and Nick will be responsible and accountable.” Other non-female employees and those who did not oppose discriminatory practices were not treated this way.

According to the sworn-to allegations in the verified complaint, on or around June 1, 2024, during a conversation with Complainant about her limited role, Windsor told Complainant generally, “You did this to yourself.” On or around August 1, 2024, Windsor told Complainant generally in front of male global directors Terrence Wiggins (“Wiggins”), Brian Arnold (“Arnold”), Olsen, and Meyer, “This is your final interview for the senior manager role.” During the final interview, Complainant exhibited professionalism, courtesy, respect, and all the necessary confidence required to fill that role.  

As alleged in the verified complaint, on or around August 6, 2024, Respondents sent a Company-wide Memo informing that Complainant’s role would be reduced further, explaining generally that, “[Complainant] will continue to be an informed consultant and provide strategic direction in Vascular.” The Memo also informed that “Nick has been promoted to Medical Education Manager.” 

According to the verified complaint, on or around August 8, 2024, Complainant told Windsor generally, “You had mentioned I would be considered for the P6 promotion, and my role has been reduced instead. I feel like it was because of sex.” Notwithstanding this complaint, no investigation was conducted, no corrective action was taken, and no disciplinary action was taken. On the contrary, Windsor tried to gaslight Complainant into believing that she needed to “be patient” and that “this process takes time.”  

As alleged in the verified complaint’s sworn-to allegations, on or around August 12, 2024, Windsor told Complainant in front of Meyer generally, “There’s a fine line between arrogance and confidence, you are just too confident at the final interview. You were not selected for the senior manager role because you were too confident; otherwise, you were qualified.” On or around August 15, 2024, Complainant told female global director DEI leader Pauli Escobedo (“Escobedo”) generally, “Dennis told me I was too confident during the final interview and that is why I did not get the role.” Escobedo said, “The feedback you received is gendered and unacceptable. I will escalate it to HR.”

According to the sworn-to allegations in the verified complaint, on or around August 29, 2024, Windsor tried to gaslight Complainant, telling her generally, “I would have given the too-confident feedback to a man, too.” On or around September 30, 2024, Escobedo told Complainant generally, “I discussed with Brandon that Dennis’s comment was gendered and biased against female leaders. This will be documented.”

As alleged in the verified complaint, on or around February 4, 2024, Windsor said generally, “[Complainant] is a bulldog” and “that is why I assigned her to the iMRI project” to Complainant in front of employees Julie Fitzgerald, Richard Jefferson, Shirley Symes, Aimee Wun, Brey Stellmach Mafi, and McBride. Complainant told female senior manager Julie Fitzgerald, “Being called that in front of the leadership team felt gendered and diminishing.” Complainant later told Windsor, “When you called me a bulldog in front of the team, it didn’t feel like a compliment, it felt dismissive and gendered.” 

According to the verified complaint, on or around April 7, 2025, Complainant was terminated on account of sex and in retaliation of her opposition to discriminatory practices.

[1] All of the conduct described herein occurred at the Premises except where otherwise indicated. 

[2] Kajal Joshi (“Joshi”) was the female national therapies senior manager.

[3] Erin refers to female co-worker Erin Martin (“Martin”). 

[4] PIP stands for performance improvement plan.

[5] Nicole McBride (“McBride”) was the female senior manager. 

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