Fresh Legal Challenges for Army in Wake of Doctor's Sexual Assault Allegations

"A sexual abuse scandal of this magnitude could only happen if the Army was negligent," said the attorney representing several accusers of Maj. Michael Stockin.

Fresh Legal Challenges for Army in Wake of Doctor's Sexual Assault Allegations
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20 Mar 2024, 01:49 AM
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Four individuals who have accused a military doctor of engaging in sexual abuse have filed new federal civil complaints, claiming they were "severely and irreparably harmed" by the Army and the Defense Department's negligence in failing to protect them from abuse.

The doctor in question, Maj. Michael Stockin, is currently facing charges brought forth by Army prosecutors. These charges stem from allegations made by 41 male patients, with accusations suggesting that the misconduct took place under the guise of treatment. The charges include 47 counts of abusive sexual contact and five counts of indecent viewing under the military code of justice, as reported by the Army Office of Special Trial Counsel handling the case.

CBS News has interviewed five accusers, all of whom recounted a similar modus operandi. According to the accusers, during appointments at the pain management clinic where Stockin worked, the doctor would allegedly ask patients to undress when they were alone with him. He would then proceed to examine their lower body and engage in inappropriate touching.

While the criminal case plays out, the Army is also contending with civil complaints like these brought by accusers who filed under the Federal Torts Claims Act, which allows individuals to bring claims against federal agencies for wrongs allegedly committed by personnel of that agency. The four new claims, reviewed by CBS News, are the first step toward filing a lawsuit for monetary damages. 

"A sexual abuse scandal of this magnitude could only happen if the Army was negligent," said an attorney representing the accusers, Christine Dunn, in a statement. 

Dunn represents eleven former patients, including the four who filed Tuesday, who are seeking $5 million in damages for what they say was the Army's negligence in "hiring, supervising, and retaining Dr. Stockin, and negligently failing to institute adequate policies and procedures to reasonably ensure [their] safety." 

Seven other complaints she previously filed with her colleagues at the law firm Sanford Heisler Sharp are now under investigation by the Army, according to Dunn.

In each of the four new complaints, the former patients, two of whom are still active duty service members, say they are "traumatized" by their experience with Stockin.

"The examination felt wrong to me, and I felt violated and embarrassed. It did not seem to me that Dr. Stockin had a valid medical reason for touching my penis," one of the unidentified former patients claimed. 

Only one of the four former patients has had their accusations included in the Army's criminal case according to Dunn, illuminating advocates' concern that there may be more potential victims out there.

"The sheer number of patients coming forward with allegations of sexual abuse by Dr. Stockin is staggering," Dunn stated. "I am receiving calls from victims who share disturbingly similar accounts of being sexually assaulted by Dr. Stockin."

Another complaint, as reported by CBS News, details how a former patient, seeking treatment for back pain, stated that Stockin abused him multiple times.

"This ordeal has caused me immense pain and anguish," the patient expressed. "I feel like my sense of self has been diminished. I am overwhelmed with feelings of fear and shame. I now struggle to trust male medical professionals. I even question my own masculinity."

Yet another former patient, who was also seeking treatment for back pain and migraines, claims that Stockin abused him on two separate occasions. The patient disclosed the incidents to a nurse's aide, his sergeant major, and other medical staff. Despite this, no formal complaints were lodged, according to Dunn.

Stockin, an anesthesiologist at the pain management clinic at Madigan Army Medical Center on Joint Base Lewis-McChord in Washington state, has been relieved of patient care duties while the Army investigates the alleged misconduct.

Currently, military personnel injured while on active duty are prohibited from suing the military. However, a recent ruling in 2022 by the 9th Circuit has paved the way for survivors to seek justice by determining that sexual assault does not fall under "incident to military service."

Following the recent allegations against Dr. Stockin, the Army has been given a six-month period to review the claims. Attorney Dunn, representing Stockin's accusers, is still awaiting responses on seven other claims previously filed. The Army spokesperson has chosen not to provide any comments on the matter.

Dr. Stockin, who has not yet entered a plea in his criminal case, continues to assert his innocence through his legal representatives. Despite requests for comment going unanswered, Stockin's attorney, Robert Capovilla, has emphasized the importance of reserving judgment until the case is heard, stating, "We are committed to challenging each allegation until a verdict is reached by the jury."

During Stockin's initial court appearance last month, prosecutors decided to drop a charge of abusive sexual contact following a thorough review of the evidence.

Attorney Dunn expressed her clients' desire for accountability in both the criminal proceedings against Dr. Stockin and the Army's responsibility in preventing such incidents from occurring again, stating, "It is crucial that both Dr. Stockin and the Army are held accountable for the harm caused and take measures to prevent any future occurrences."