TACOMA, Wash., Dec. 18, 2024 (GLOBE NEWSWIRE) -- Attorneys at Sanford Heisler Sharp McKnight today filed four 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 four John Does (John Does 19-22), all of whom allege they were sexually abused by Dr. Michael Stockin – an Army doctor currently facing criminal charges for his conduct. Between September 2023 and September 2024, Sanford Heisler Sharp McKnight has previously filed 18 other FTCA complaints on behalf of John Does. This is also the first FTCA complaint filed by a non-patient of Dr. Stockin.
All John Does are represented in the matter by Christine Dunn, Partner at Sanford Heisler Sharp McKnight and Co-Chair of the firm’s Sexual Violence, Title IX, and Victims’ Rights Practice Group, as well as Jillian Seymour, Associate.
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 has initiated the FTCA legal process for four additional clients by filing administrative complaints against the Army. The firm currently represents a total of twenty-one former patients of Dr. Stockin, and one family member of a patient. The four complaints filed today on behalf of John Does 19-22 include similar allegations to those made by John Does 1-18, whose administrative complaints are now under investigation by the Army. Specifically, three of the newly filed FTCA complaints allege that Dr. Stockin – an Army pain management doctor at Madigan Medical Center at Joint Base Lewis McChord in Washington – forced them 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.
John Doe 22 was not officially a patient of Dr. Stockin, instead John Doe 22’s wife was the patient. John Doe 22 alleges that he accompanied his wife to her appointment at the Pain Management Clinic and, while she was semi-unconscious following the medical procedure, Dr. Stockin demanded that John Doe 22 expose his genitals. Several months later, John Doe 22 had surgery in the Madigan Surgery Center. The FTCA complaint further alleges that, while John Doe 22 was in recovery, Dr. Stockin – who was not his doctor – entered the room, told the presiding nurse to leave, and proceeded to lift up John Doe 22’s hospital gown to view his genitals. Later, Dr. Stockin texted John Doe 22 asking him again to take off his pants.
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 and visitors safe from sexual abuse. The new complaints reveal disturbing facts that highlight the Army’s negligence. For example, John Doe 21 alleges that he was sexually abused by Dr. Stockin during an appointment in April of 2022– two months after the Army claims it removed Dr. Stockin from duty due to the abuse allegations.
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. He is set to plead guilty dozens of charges in January 2025 in the Army criminal proceedings taking place at Joint Base Lewis-McChord in Washington. Immediately following his entry of the plea, a number of his victims will provide victim impact statements.
“One of the claims we filed today is on behalf of a victim who was not even a patient of Dr. Stockin. The allegations show that Dr. Stockin was a danger not only to patients in his care but also to the broader community,” said Dunn. “The Army’s failure to properly supervise Dr. Stockin put the entire community at risk.”
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 our clients’ 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 1-15, to attain accountability.
About Sanford Heisler Sharp McKnight, LLP
Sanford Heisler Sharp McKnight is a public interest and civil rights law firm with offices in New York, Washington, DC, San Francisco, Palo Alto, Nashville, and San Diego. The firm focuses on executive representation, wrongful termination, employment discrimination, sexual harassment, retaliation, wage theft and overtime violations, whistleblower and qui tam, sexual violence, Title IX violations and victims’ rights, financial mismanagement and ERISA litigation, and Asian American litigation and finance matters. Our lawyers have recovered over $1 billion for our clients through many verdicts and settlements.
In 2024, Forbes named Sanford Heisler Sharp McKnight Chairman and Co-Founder David Sanford to its inaugural list of America’s Top 200 Lawyers. The National Law Journal has selected Sanford Heisler Sharp McKnight as Civil Rights Firm of the Year, and it has recognized the firm as both Employment Rights Firm of the Year and Human Rights Firm of the Year. Benchmark Litigation has named the firm Labor & Employment Firm of the Year, and Law360 has recognized the firm as Employment Practice Group of the Year.
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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.
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