PRESS RELEASE: Justice Law Collaborative and Tyler H. Fox, Esq. File Sexual Assault Claim Against Massachusetts General Hospital

BOSTON, Mass. (September 17, 2024) – Justice Law Collaborative (JLC) and Attorney Tyler Fox, advocates for victims of sexual assault and personal injury, recently filed a civil action (NO: 2484CV02096) in Suffolk Superior Court against Mass General Brigham, Inc., Massachusetts General Physicians Organization, Inc., Dr. Mark Dickinson, and Damian Knighton, as a result of Knighton’s heinous sexual assault of their client (who wishes to remain anonymous). The filed claim outlines deviant sexual acts and phony and medically unnecessary exams perpetrated by Damian Knighton, a medical assistant employed by MGH/Brigham when JLC and Tyler Fox’s client visited the facility to receive routine medical care.

Knighton was charged in January 2023 for sexually assaulting several patients at MGH/Brigham after telling the patients that they needed a prostate or rectal exam or needed to examine their genitals. Not only did the victims not require those exams, but none of the suggested exams were within the purview or experience of a medical assistant. Perhaps most egregious is the likelihood that the abuse would not have been discovered by MGH/Brigham, and may have continued had JLC and Tyler Fox’s client not called the police.

This past spring (2024), another brave survivor came forward accusing sexual assault at the hands of a different medical assistant employed by MGH/Brigham’s Dermatology Department. The sexual assault occurred after MGH/Brigham had been alerted of the prior assaults at its Back Bay Health Center, and in this additional instance, the medical assistant also performed an unnecessary and unauthorized exam.

The mounting assault and abuse allegations in the second case underscore the critical need for accountability and measurable actions to increase safety within medical institutions.

“Patients seeking medical care enter facilities with a high degree of trust in medical practitioners,” said attorney Tyler H. Fox. “The fact that there is ongoing abuse at the medical assistant level at MGH/Brigham proves that the hospital is neither taking the claims seriously nor putting into place necessary protections for its patients. Even after being alerted that a medical assistant had sexually abused patients, MGH chose to bury its head in the sand rather than take necessary steps to prevent similar occurrences from happening. How awful it must be for victims whose trust and deep vulnerability are preyed upon by bad actors employed by MGH?”

The relationship between healthcare providers and patients is sacrosanct. As patients pursue medical treatment and counsel, they are placed in a deeply vulnerable position physically, mentally, and emotionally. Because of this unique dynamic, predators have a direct path to exploit patients left alone in examination rooms and often in various states of undress.

A 2021 study done by the National Institute of Health revealed almost 5% of women and 2% of men have experienced sexual misconduct by healthcare professionals.

Kelly Guagenty, an attorney and partner at JLC said, “The bravery displayed by our client and other survivors is notable given that MGH has failed them not just once, but continues to fail them, by not implementing necessary measures to prevent future patient abuse. The timeline of these abuse cases is months apart, proving a breakdown in screening and hiring practices, not to mention the lack of oversight and medical assistant supervision. MGH needs to review its policies and practices immediately as no one should fear for their safety when seeking medical care.”

JLC and Fox are pursuing legal action against both the individual perpetrator (Knighton), MGH/Brigham Inc., the Massachusetts Physicians Organization Inc., and Dr. Mark Dickinson for failing to prevent the assault and for negligence in their hiring practices, supervision, and retention of the employee in question. The firm is seeking compensatory and punitive damages. Further, JLC and Fox are encouraging the immediate implementation of proactive measures to prevent the possibility of future assaults, especially for minor patients or those with intellectual, physical, or language vulnerabilities. Measures would include comprehensive training of all medical staff about patient boundaries and rights and a mandate that two healthcare professionals be present for all sensitive exams, especially those requiring a patient to be in a state of undress or those procedures that require physical contact of sensitive areas.

JLC encourages any other victims or witnesses who have experienced similar incidents at MGH to contact our offices. We are dedicated to providing a voice for those injured and to advocate for safer, more accountable healthcare environments.

**NOTE: **Individuals seeking to be linked to resources for sexual assault survivors can call 800.656.HOPE (4673) to be connected with a trained staff member from a sexual assault service provider in your area. The National Sexual Assault Hotline operated by RAINN (Rape, Abuse & Incest National Network) provides confidential support from trained staff members and can assist with finding local healthcare resources, help talk through what happened, and offer referrals for long-term support.

About Attorney Tyler H. Fox

Attorney Tyler H. Fox specializes in securing justice for victims of abuse and sexual assaults by doctors, priests, schools, Boy Scouts of America, UBER/LYFT, and other employers. He has served as lead or co-counsel on class action cases involving sexual assault or discrimination. During his storied legal career, Fox taught law at Northeastern University and hosted a television show, “Talking About the Law.” After earning a master’s degree in social work from Boston University, he worked as a clinical social worker. The knowledge and experience he gained further enhanced his keen legal expertise, adding both great empathy and fierce advocacy to his professional arsenal. Fox can be reached at: 857.260.3105.

About The Justice Law Collaborative

Justice Law Collaborative (JLC) embodies the highest level of professional, trauma-informed legal expertise associated with social justice. Led by attorneys with deep experience in civil rights, sexual assault and discrimination, medical malpractice, and personal injury cases, the firm has represented athletes abused by Olympic coach Larry Nassar, teenagers tormented by hostile, uncertified schools parading as therapy-based programs for troubled teens, and has tackled large industries (pharmaceutical, reproductive medicine, tobacco, etc.) when consumers or patients are harmed by corporate greed and negligence. Additionally, JLC is at the forefront of legislative reform, spearheading efforts to modify statutes of limitations and enact new laws to protect the innocent and to provide proper financial and judicial remedies to victims.

Media Contacts: Tyler Fox (857.260.3105) and Wendy Agudelo for Justice Law Collaborative (978.994.1447)