Sanford Heisler Sharp files four new damages lawsuits in federal court

TACOMA, Wash., June 27, 2024 (GLOBE NEWSWIRE) — Attorneys at Sanford Heisler Sharp today filed four new administrative complaints under the Federal Tort Claims Act (“FTCA”) against the U.S. Department of the Army and the U.S. Department of Defense (collectively, “the Army”) on behalf of four John Does (John Does 12-15), all of whom are former patients of Dr. Michael Stockin – an Army doctor who faces criminal charges for sexually abusing numerous patients. Between September 2023 and March 2024, Sanford Heisler Sharp previously filed 11 additional FTCA complaints on behalf of John Does.

All John Does are represented in the case by Christine Dunn, a partner at Sanford Heisler Sharp and co-chair of the firm’s Sexual Assault, Title IX and Victims’ Rights Practice Group, and Jillian Seymour, a litigation fellow.

The Federal Tort Claims Act is a federal law that allows individuals to bring legal claims against federal agencies for torts committed by agency employees. Before filing an FTCA complaint in court, an individual must first file an administrative complaint with the offending agency. The agency then has at least six months to review the claim. After that, the individual can file suit against the agency in federal court.

Today, Sanford Heisler Sharp initiated the FTCA legal process on behalf of four additional clients by filing administrative complaints against the Army. The firm currently represents a total of fifteen former patients of Dr. Stockin. The four complaints filed today on behalf of John Does 12-15 contain remarkably similar allegations to those of John Does 1-11, whose administrative complaints are currently being investigated by the Army. Specifically, the four new FTCA complaints allege that Dr. Stockin — an Army pain management therapist at Madigan Medical Center on Joint Base Lewis McChord in Washington — forced John Does 12 through 15 to disrobe during their respective appointments. After the patients disrobed, Dr. Stockin, without a chaperone present, improperly viewed or groped the patients’ genitals. Although Dr. Stockin committed the abuse under the guise of a medical examination, the administrative complaints allege that it was not reasonable for Dr. Stockin to conduct the investigation. Stockin said there was no medical need to look at or touch patients’ genitals in this way.

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 protect patients from sexual abuse. The new complaints reveal disturbing facts that highlight the Army’s negligence. One of the newly filed complaints alleges that a patient reported the abuse he suffered to his supervisor, but that supervisor failed to raise an alarm internally after being informed. In addition, two of the new complaints allege that Dr. Stockin was still treating and abusing patients as of April 2022—two months after the Army claims it relieved Dr. Stockin of duty due to the abuse allegations. Finally, a new complaint alleges abuse of an Air Force member, highlighting the far-reaching impact of Dr. Stockin’s abuse.

On August 30, 2023, Army officials announced that the Army had filed charges against Dr. Stockin for sexually abusing at least 23 victims, including charges of sexual abuse and indecent viewing. On October 17, 2023, similar charges were filed against 17 more of Dr. Stockin’s victims. On February 23, 2024, Dr. Stockin was charged with sexually abusing 41 different patients. His case is scheduled to go to trial in January 2025. Some experts believe this case has the potential to be one of the largest sexual assault cases in military history.

“Every time another victim comes to me, I am more determined to hold the Army accountable for allowing this serial offender the opportunity to abuse patients,” Dunn said. “The sheer number of victims here points to the Army’s negligence in failing to ensure patient safety.”

The Feres Doctrine
In the past, sexual assault against the military was restricted by the Feres Doctrine. This doctrine was established in the 1950 Supreme Court case Feres v. United States. It is the primary obstacle to our clients’ FTCA negligence claims against the Army because it precludes claims related to tortious injuries that are “connected with military service.” Subsequent interpretations of the doctrine have even defined sexual assault as injuries that are connected with military service, making it nearly impossible for surviving military members to pursue civil claims for military sexual assault. Recently, however, the Ninth Circuit in Spletstoser vs Hyten limited Feres so that the plaintiff, a survivor of sexual violence in the military, could pursue her civil claims for sexual violence against the Army. This groundbreaking case has expanded the path for military survivors, including John Does 1-15, to seek accountability.

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

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If you have experienced sexual abuse and are seeking counseling, please call 202-221-3152 or email [email protected]. The attorneys at Sanford Heisler Sharp would be happy to help you.

For more information, contact Jamie Moss, newsPRos, at 201-788-0142 or [email protected].