A federal judge has determined a defense veteran’s lawsuit may continue against both the U. S. authorities and a national psychiatrist on the charges the she engaged in an incorrect romantic and intimate relationship with the senior.
U. S. District Judge Gershwin Drain ruled last year that Veterans Administration physician Dr. Jennifer Robinson may be sued individually by Marine veteran Trey Cholewa on his says she initiated an intimate connection with him while Cholewa was being treated in 2017 for brain damage and PTSD from his battle activity in the Middle East. Moreover, the federal government can be sued for alleged non-sexual wrongdoing related to the alleged misuse, according to the decision.
The decision in a 37-page mind was in response to Robinson seeking total government resistance.
The lawsuit was filed in 2019.
It means Robinson may be protected by resistance because the alleged sexual and romantic instances occurred outside the range of her work, and that the government can be a defendant because she reportedly took related actions that were within her scope of employment.
A spokeswoman for Ven Johnson Law, which is representing Cholewa, in an internet to The Macomb Daily calls the decision a “major gain for Cholewa and for soldiers global who’ve faced mistreatment from those entrusted with their treatment. ”
“It also is a major step forward in the fight against blanket governmental immunity, because it means that those in positions of authority will be held accountable for their actions, regardless of title or employer, ” says the spokesperson for the Detroit-based organization.
In his decision, Drain determined “as a matter of fact ” that Robinson engaged in intimate and sexual functions with Cholewa despite some contradictions in his remarks.
“Regardless of the contradictions, the Court concludes that Plaintiff’s evidence is reliable in part and not reliable in piece, ” the judge wrote. “Plaintiff has changed the specifics of the sexual phone in many ways throughout the dispute, and there are reasons to question Plaintiff’s storage and stability. … Applicant struggled to remember the dates that physical call did or did not appear. ”
However, he notes a key element and simply direct evidence in the case is an audio recording Cholewa made during one of his many excursions to Robinson at the John D. Dingell VA Medical Center in Detroit during which Robinson does not contradict Chelow’s links to earlier sexual contact.
“Certain claims by Plaintiff have remained constant throughout the prosecution, ” the judge goes on to say. “Plaintiff has proven his evidence to be trusted in element, because the music recording supports his claims that Dr. Robinson professed her passionate thoughts for him, and at the very least kissed and massaged him. Also, Plaintiff’s public allegation that physical scratching occurred at some point is supported by the sound recording and other circumstantial evidence. ”
Also in Cholewa’s favor is that Robinson declined to give sworn testimony by invoking her Fifth Amendment due to potential self-incrimination, according to the opinion.
Cholewa’s trio of claims against Dr. Robinson include medical malpractice, ordinary negligence and medical battery.
The judge says the government can be held responsible for numerous allegations over the claim that “Robinson’s failure to do certain non-romantic and non-sexual acts that were a necessary part of her job as a psychiatrist. ” Robinson may have failed to:
* “refrain from exploiting the power differential she enjoyed over Plaintiff by virtue of his reliance on her stated goal of assisting him;
* discontinue the professional and therapeutic physician-patient relationship immediately upon feeling the impulse to act upon her feelings of emotional connection, physical attraction, or both;
* refer Plaintiff to an alternative psychiatrist immediately upon her feeling the impulse to act upon her feelings of emotional connection, physical attraction, or both. ”
Cholewa says the encounters contributed to his divorce from his wife, though they reconciled.
Robinson began treating Cholewa in October 2015 at the VA in Detroit after he was medically discharged due to PTSD and chronic pain. He alleges Robinson initiated sexual activities with him in March 2017, following months of progressively provocative remarks. Cholewa says there were 10 to 20 encounters over five months ending in August 2017, although he reduced the number of incidents and time frame in another statement, according to the opinion. Cholewa stopped treatment and in June 2018 began treatment with another psychologist, to whom he revealed the encounters with Robinson, according to the lawsuit.
Cholewa served five deployments in the Middle East, three of which he served in active combat and suffered a head injury. In 2015, Cholewa was medically discharged with a 100 % disability rating for both physical and mental trauma, and returned home to his wife and children in Macomb County.
In January 2024, Drain denied the government and Robinson’s attempt to dismiss the case.
No new court dates have been scheduled, according to online records.
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