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Sanford Heisler Sharp McKnight Files 3 New Federal Tort Claims Act Administrative Complaints Against the Army and DoD On Behalf of Victims of Army Doctor Who Sexually Abused Patients

By: Sanford Heisler Sharp LLP via GlobeNewswire

September 25, 2024 at 12:00 PM EDT

TACOMA, Wash., Sept. 25, 2024 (GLOBE NEWSWIRE) -- Attorneys at Sanford Heisler Sharp McKnight today filed 3 new Federal Tort Claims Act (“FTCA”) administrative complaints against the United States Department of the Army and the Department of Defense (collectively “the Army”) on behalf of 3 John Does (John Does 16-18), all of whom are former patients of Dr. Michael Stockin – an Army doctor facing criminal charges for the sexual abuse of numerous patients. Between September 2023 and June 2024, the firm previously filed 15 other FTCA complaints on behalf of John Does.

All John Does are represented in the matter by Christine Dunn, Co-Managing Partner of the firm’s Washington, D.C. Office and Co-Chair of the firm’s Sexual Violence, Title IX, and Victims’ Rights Practice Group and Associate Jillian Seymour.

The Federal Tort Claims Act is a federal statute that permits individuals to bring legal claims against federal agencies for torts committed by agency personnel. Prior to filing an FTCA complaint in court, the individual must first file an administrative complaint with the agency at fault. The agency is then afforded at least six months to investigate the claim. After that, the individual may file a lawsuit against the agency in federal court.

Today, Sanford Heisler Sharp McKnight initiated the FTCA legal process for 3 additional clients by filing administrative complaints against the Army. The firm currently represents a total of 18 former patients of Dr. Stockin. The 3 complaints filed today on behalf of John Does 16-18 include remarkably similar allegations to those made by John Does 1-15, whose administrative complaints are now under investigation by the Army. Specifically, the new FTCA complaints allege that Dr. Stockin – an Army pain management doctor at Madigan Medical Center at Joint Base Lewis-McChord in Washington – forced John Does 16 through 18 to disrobe during their respective appointments. After the patients disrobed, Dr. Stockin, with no chaperone present, wrongfully fondled the patients’ genitals. Although Dr. Stockin committed the abuse under the guise of performing a medical exam, the administrative complaints allege that there was no medical necessity for Dr. Stockin to view or touch the patients’ genitals in this manner.

The administrative complaints further allege that the Army is liable under the FTCA because it was negligent in hiring, supervising, and retaining Dr. Stockin, and that the Army lacked adequate protocols to keep patients safe from sexual abuse.

On August 30, 2023, Army officials announced that the Army was bringing criminal charges against Dr. Stockin for sexually abusing at least 23 victims, including charges of abusive sexual contact and indecent viewing. On October 17, 2023, similar charges were added for 17 additional victims of Dr. Stockin. On February 23, 2024, Dr. Stockin was arraigned on charges stemming from the sexual abuse of 41 different patients. His case is set for a six-week trial in January 2025. Some experts believe this case is the largest sexual assault case in military history.

“This is now the fifth round of FTCA complaints that Sanford Heisler has filed on behalf of servicemembers who allege they were sexually assaulted by Dr. Stockin,” Dunn said. “The fact that the firm continues to be contacted by additional victims, more than a year after our first filing, illustrates how little the Army did to protect its servicemembers from harm.”

The Feres Doctrine
Historically, sexual assault claims against the Army have been limited by the Feres Doctrine. This doctrine was established in the 1950 Supreme Court case Feres v. United States. It is the primary impediment to the John Does’ FTCA negligence claims against the Army, as it bars claims involving tortious injuries that are “incident to military service.” Subsequent interpretations of the doctrine have defined even sexual assault as injury that is incident to military service, making it nearly impossible for servicemember-survivors to pursue civil claims for military sexual assault. Recently, however, the Ninth Circuit in Spletstoser v. Hyten limited Feres such that the plaintiff, a military sexual assault survivor, could pursue her civil sexual assault claims against the Army. This groundbreaking case has broadened the pathway for servicemember-survivors, including John Does 1-18, to attain accountability.

“Our goal in filing these complaints is to get justice against an institution that has long evaded accountability for military sexual violence. Historically, servicemember-survivors have confronted a legal landscape that left little, if any, room for their claims to proceed. The Ninth Circuit’s recent decision moved the needle forward and made critical space for our clients’ claims,” Seymour said.

As a national civil rights firm with an experienced team of sexual assault attorneys, Sanford Heisler Sharp McKnight is actively representing military sexual assault survivors in a separate civil action against the Coast Guard as well, underscoring its commitment to challenging the Feres doctrine.

About Sanford Heisler Sharp McKnight, LLP
Sanford Heisler Sharp McKnight, LLP is a national public interest class-action litigation law firm with offices in New York, Washington, D.C., San Francisco, Palo Alto, San Diego, and Nashville. Sanford Heisler Sharp McKnight focuses on employment discrimination, Title IX, wage and hour, whistleblower, criminal/sexual violence, and financial services matters. The firm has recovered over $1 billion for its clients through many verdicts and settlements. The National Law Journal recognized Sanford Heisler Sharp McKnight as 2021 Employment Rights Firm of the Year and 2021 Human Rights Firm of the Year.

For the latest news about Sanford Heisler Sharp McKnight, visit the firm’s newsroom or follow the firm on Facebook, LinkedIn, or Twitter.

If you experienced sexual abuse and are seeking counsel, please call 202-221-3152 or email cdunn@sanfordheisler.com. Attorneys at Sanford Heisler Sharp McKnight would like to have the opportunity to help you.

For more information, contact Jamie Moss, newsPRos, at 201-788-0142 or Jamie@newspros.com.