Jury Awards Surgeon $15M In Sex Bias Suit
Con to defame called 'outrageous' and is punished financially as such
The story might seem unbelievable to some — or may — based on what we assume to be true in the world and with our biases, yet the facts, evidence and reality was different than emotional assumptions. That meant a legal victory, maybe against the odds. It’s a positive reminder of what could transpire for others in a painful adversity.
A sexual assault complaint was raised by Dr. John Abraham after, in 2018, he hosted a party at his house, where he alleged that “a female medical resident (Jessica Phillips) acted in an inappropriate, sexually aggressive way, getting the plaintiff so drunk he couldn’t meaningfully consent to sex and then continuing to make advances despite his attempts to resist,” writes Dani Alexis Ryskamp, J.D. at Expert Institute.
Phillips claimed “she woke up in (Abraham’s) bed covered in bruises, and accused him of raping her while she was intoxicated,” reports Wendy Ruderman at the Philadelphia Enquirer. “Abraham accused her of forcing herself on him after she plied him with alcohol. Both said they were too drunk to consent.”
Abraham responded as he thought he had to, Ryskamp adds, by filing a report with Thomas Jefferson University Hospital. Upon doing so, he learned that the resident also filed a complaint. Uh oh. “The ensuing investigation focused on Dr. Abraham’s behavior. It also demonstrated leniency to the medical resident’s behavior,” Ryskamp reports.
“Abraham and his counsel argued that the hospital’s handling of the case led to Dr. Abraham being portrayed as a ‘rapist’ despite his attempts to resist the resident’s advances that night, while comparatively little attention was paid to the resident’s behavior. As a result, they argued, Dr. Abraham lost his contract with Rothman Orthopaedic Institute, where he had practiced medicine prior to the incident,” Ryskamp writes.
However, represented by Andrew Marth and Lane R. Jubb Jr. of the Beasley Firm, Stuart Bernstein of Nesenoff & Miltenberg LLP and Lance Rogers of Rogers Counsel, Abraham was vindicated.
“The attorneys argued that Thomas Jefferson University Hospital was liable under Title IX of the 1972 Education Amendments for its allegedly biased handling of the case involving Dr. Abraham,” Ryskamp reports.
The outcome was a significant victory in different ways, going against cultural expectations and producing a large financial judgment for a person at long odds, due to gender and power, to receive one.
“The jury’s verdict, following a four-day civil trial, indicated that jurors agreed,” with Abraham and his legal team,” Ryskamp says.
How though? Really, how?
“They found that the hospital’s leadership violated Abraham’s civil rights under Title IX when it discriminated against him on the basis of his sex. Based on evidence presented at trial, the jury determined that the hospital subjected Dr. Abraham to unequal treatment during the investigation,” Ryskamp writes.
Abraham asked for $5 million in compensatory damages. The jury said yes and offered even more, three times Abraham’s request. “The verdict shows $11 million in compensatory damages and $4 million in punitive damages for ‘outrageous conduct’ that caused both damage to the doctor’s reputation and emotional distress,” Ryskamp details.
A little history was made, she says, as “The award may be the largest ever received by a male plaintiff in the history of Title IX cases, per attorney Lane R. Jubb Jr.”
Phillips was left stunned. “She felt abandoned by Jefferson. Phillips said the university closed the case in January 2019 without consulting her, and she now understands why victims don’t come forward,” Ruderman reports. “The lack of closure left her feeling unheard and ultimately empowered Abraham.”
Abraham subsequently sued Phillips for defamation and libel in state court. She countersued for assault and battery. That case settled in May of this year, with neither side winning monetary damages.
If you’re curious about it, “The jury, which consisted of five women and three men, did appear to take Dr. Abraham’s side seriously. They also weighed the behavior of the hospital following the 2018 party, as well as what Dr. Abraham lost in income, potential earnings, and reputation.”
Did the truthful party prevail? Possibly. The jury feels so. And that could be accurate. Or did the factual victim lose in court? That certainly happens.
For the purpose of this article, Abraham pulled off what can be considered a surprising victory if you consider how the courts of public opinion and judicial courts often rule.
Michael Toebe is a reputation consultant, advisor and communications specialist at Reputation Quality, assisting individuals and organizations with further building reputation as an asset or ethically protecting, restoring or reconstructing it.
Reputation Intelligence is a reader-supported publication. To receive new posts, consider becoming a free or paid subscriber. Thank you!
Promote yourself, business and offering in Reputation Intelligence with a color ad or audio or video clip and a link or two. For an ad placement in one issue: $500. For a month of placements in every article: $2,500.