KANSAS CITY, Kan. (AP) — A lawsuit against a Veterans
Affairs hospital in Kansas where a former physician assistant molested
countless patients involves “the largest sexual abuse scandal in the history of
the VA,” a lawyer for one of the victims told a federal judge Tuesday.
“Countless veterans have never gotten their day in court, have
never gotten justice,” attorney Daniel A. Thomas said in opening statements.
“And more importantly, not a single person from the VA has ever been held
accountable.”
The lawsuit being tried via Zoom video conference before
U.S. District Judge Daniel D. Crabtree will determine whether the federal
government is liable for the actions of Mark Wisner, who is serving a 15-year
prison sentence for sexual battery and sodomy, KCUR-FM reported.
Wisner was convicted in 2017, and the government does not
dispute that he sexually molested veterans by conducting unnecessary genital
and rectal exams and prescribing pain medications to make them dependent on
him.
“Indeed, all who have heard about these matters cannot help
but be outraged,” Justice Department lawyer Larry Eiser said in his opening
statement. “A sexual predator in the guise of a health care provider preying
upon wounded warriors — outrageous.”
But the government argues it should not be held liable
because Wisner’s conduct was outside the scope of his employment and because
the damages sought for a lifetime of medical treatment are excessive.
This is the first lawsuit to go to trial against the
government over Wisner’s actions. More than 80 of the 100 victims who filed
lawsuits against the government settled last year for a total of $7 million.
The trial, brought by a man identified in court documents
only as John Doe, is expected to last through the week.
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