FORT HOOD, Texas (KXXV) — Seven Federal Tort Claims Act (FTCA) complaints have been filed against the U.S. Army on behalf of alleged victims of suspended Fort Hood Army OB-GYN Maj. Blaine McGraw, according to a release obtained by 25 News.
The Sanford Heisler Sharp McKnight law firm says it filed these new complaints against the Department of Defense, U.S. Army, and Defense Health Agency on behalf of seven Jane Does.
The complaint says these women are victims of McGraw who were sexually abused or non-consensually videotaped by McGraw during appointments at the Carl R. Darnall Army Medical Center (CRDAMC) in Fort Hood and the Tripler Medical Center in Hawaii.
Six of the Jane Does in the complaint were treated at the CRDAMC and one was treated during McGraw's time at Tripler Medical Center in Hawaii.
In the release, the administrative complaints filed on Monday allege that the Army is liable for McGraw's actions under the FTCA because, "it was negligent in hiring, supervising, and retianing McGraw. They also allege that the Army lacked adequate protocols to keep patients safe from sexual abuse."
The complaints allege McGraw sexually violated the women by video recording them without consent and performing unnecessary medical exams that involved groping their genitals or breasts.
The alleged abuse occurred while the women were in vulnerable states, including while pregnant, after giving birth or in the ICU.
The complaints also claim McGraw frequently ignored standard medical guidelines, such as conducting exams without a medical chaperone present and refusing to allow patients to undress for exams in privacy.
"My clients went to this doctor expecting to be well cared for. They thought they could trust a U.S. Army doctor, but we now understand that the doctor abused that trust in the most egregious way," said Christine Dunn, the law firm's DC Co-Managing Partner.
The FTCA allows individuals to bring legal claims against federal agencies for wrongdoing by their employees. Before filing a lawsuit in court, individuals must first file administrative complaints with the agency, which then has at least six months to investigate.
The complaints allege the Army is liable for McGraw's actions because it was negligent in hiring, supervising and retaining him. They also claim the Army lacked adequate protocols to protect patients from sexual abuse.
"The Army had a duty to take reasonable measures to protect patients in its care. To the extent that Dr. McGraw was able to abuse so many patients, it is compelling evidence that the Army was negligent in supervising him," Dunn said.
Below is our previous coverage:
- Texas Congressional leaders demand Army investigation into former Fort Hood doctor misconduct allegations
- DHA responds to questions of suspended Fort Hood Army doctor's time at Fort Campbell
- 25 News sits down with former patient, Jane Doe 1, in lawsuit against former Fort Hood Army OB-GYN
- Texas Senator responds to call for accountability, investigation into Maj. Blaine McGraw, Army
- Former patients, supporters rally near Vanessa Guillen mural demanding justice against former Fort Hood OB-GYN
- 81 more alleged victims join lawsuit against suspended Fort Hood Army doctor accused of sexual assault
- Charges filed against former Fort Hood doctor accused of secretly recording 44 victims during medical exams
- Law firm demands Department of Defense investigation of former Fort Hood doctor
- Former Fort Hood medical officer held in pretrial confinement in Bell County after alleged liberty violation
- Former Fort Hood Army doctor jailed in Bell County, faces custody battle with ex-wife
- UPDATE: Former Fort Hood doctor booked into jail, the Bell County Sheriff's Office says
- Court documents reveal custody battle between former Fort Hood doctor and ex-wife
- Former Fort Hood doctor case expands to Hawaii as lawmakers demand pentagon investigation
- Fort Hood contacts 1,400 patients in investigation of former OB-GYN doctor
- 50 women represented in lawsuit filed against former Fort Hood Army OBGYN, accused of sexual assault
- Lawsuit alleges Fort Hood Army doctor secretly video-recorded patients during exams
- At least three law firms representing victims of the accused Fort Hood Army doctor
- 'This never should've happened': Dozens of women accuse Fort Hood Army doctor of sexual assault
- Law firm, accusers speak on allegations against suspended Fort Hood medical provider
- Fort Hood suspends medical provider, launches investigation
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