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Misericordia Students Defend University in Lawsuit Flap

DALLAS TOWNSHIP — Some Misericordia University students are defending their school after a story about a student suing over failing a class went viral. Th...

DALLAS TOWNSHIP -- Some Misericordia University students are defending their school after a story about a student suing over failing a class went viral.

That lawsuit claims the university in Luzerne County didn't do enough to help the nursing student's special needs. Now it's a surprise on the campus near Dallas that this story got national attention.

In her lawsuit, former Misericordia student Jennifer Burbella of Stroudsburg says she suffered humiliation and embarrassment as a result of not graduating from Misericordia University with her fellow nursing students.

Now, her lawsuit against the school has her name, her situation, and this university getting national attention.

"I think it's crazy for a small school like this. Usually I say I go to Misericordia [and] no one knows what it even is," said senior Dom Callela.

The Misericordia campus is quiet now that the spring semester is over, but students are buzzing about how this story has gone viral.

"Yeah, I think it's insane. I couldn't believe it."

Burbella's lawsuit claims she has a disability of anxiety and depression. The lawsuit says Misericordia made some accommodations for that -- like extra time for an exam -- but it was not enough help. She failed the same course twice.

Other students, like senior Timothy Kennedy, say they have seen the school help those with disabilities.

"There's someone else who is in my major and she's always accommodated. She's in a wheelchair. She also has all the accommodations that she needs and she's doing very well," said Kennedy.

"I think it's bad accreditation to a good school. I know the nursing programs are difficult. Usually all the programs here, medical-wise, are difficult," Callela said.

This lawsuit against Misericordia is taking a lot of heat online. Those in the health profession saying the actual job can be a lot harder than any class.

WNEP's Facebook page blew up with comments on this story.

One woman said, "being a nurse is one of the most stressful jobs. If you can't handle a college nursing course, it's time to find another profession. Sorry kiddo, this law suit is a total fail."

Another said, "as a nurse you don't always get 'extra time' to make life and death decisions."

Burbella's lawyer is defending her from those comments, too.

"I think if you look at the community at large, there are many people who suffer from anxiety, depression, those type of things who are doctors, lawyers, nurses," said Burbella's attorney Harry McGrath.

McGrath says she just wants the protections provided for her by the Americans with Disabilities Act. He points out she would still have to pass state boards to become a nurse.

Misericordia University has no comment on this active litigation.

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