DOCUMENT 136 ELECTRONICALLY FILED 7/16/2019 2:44 PM 52-CV-2018-900276.00 CIRCUIT COURT OF MORGAN COUNTY, ALABAMA CHRIS PRIEST, CLERK IN THE CIRCUIT COURT OF MORGAN COUNTY, ALABAMA JANE DOE on behalf of herself and as ) guardian and next friend of MARY DOE, ) BRENDA BOE, CARLA COE, FRANCIS ) FOE, GRACE GOE, KATIE KOE, LAURA ) LOE, MABEL MOE, NANCY NOE, ) JILL JOE, PAIGE POE, RUTH ROE ) SUSAN SOE, VICKI VOE, WENDY WOE, ) YANA YOE, ZANA ZOE, BRENDA BAY ) CATIE CAY, DEBBIE DAY, FANNIE FAY ) HANNAH HAY, JENNY JAY. KATHY ) KAY, MARTHA MAY, NINA NAY, PATTY ) PAY, ROSIE RAY, SARAH SAY, and TINA ) TAY on behalf of themselves and others ) similarly situated, ) ) PLAINTIFFS, ) ) CASE NO.: CV 2018-900276 v. ) ) CLASS ACTION MICHAEL DICK, ALABAMA MEDICINE ) & RHEUMATOLOGY, INC., and ) FICTITIOUS PARTY DEFENDANTS A, B, ) C, D, and E, being those individuals or ) entities who negligently, recklessly, and/or ) wantonly injured Plaintiffs or contributed to ) injuries Plaintiffs suffered by standing idly ) by and enabled his/her co-Defendants to ) harm them; their identities are currently ) unknown but will become named defendants ) to this action once their identities are ) discovered pursuant to ALA.R.CIV.P. 9(h), ) ) DEFENDANTS. THIRD AMENDED CLASS ACTION COMPLAINT COME NOW, Plaintiffs, via pseudonyms, and file their Third and Class Action Complaint against Michael Dick (hereinafter “Dick”), Alabama Medicine & Rheumatology, Inc. (hereinafter “AM&R”), and Fictitious Party Defendants A, B, C, D, and E, and, in support thereof, show as follows: 1 DOCUMENT 136 INTRODUCTION My goal will be to help, or at least do no harm.1 The prohibition against sexual contact between a physician and a patient is well established and is embodied in the oath taken by physicians, the Hippocratic Oath.2 Prior to his license being revoked by the Alabama Board of Medical Examiners, Michael Dick did business out of Alabama Medicine & Rheumatology, Inc. in Decatur, Alabama. He practiced for a time in California but left under unknown circumstances in 2003 before arriving in Ashland, Alabama and eventually coming to reside and work in Decatur in 2004. In 2006, the Alabama Board of Medical Examiners received complaints against Dick. However, he only paid a fine, and continued to practice and see female patients. In 2007, Dick was working at Parkway Medical Center in Decatur, which is now Decatur Morgan Hospital. A hospitalized female patient filed a formal complaint against him after he tried to kiss her on the mouth while her husband was out of the room. The hospital reported that it counseled him on appropriate behavior and Dick continued to see patients. At AM&R, Dick treated patients with chronic illnesses such as fibromyalgia and arthritis, among others. Often, the Plaintiffs were seeking treatment in order to manage chronic pain. Without ongoing medical treatment, their everyday lives are difficult if not impossible to navigate. A good number of the Plaintiffs are unable to work due to the conditions that originally brought them to AM&R. AM&R accepted payments on a sliding scale, a necessity for unemployed women needing expensive treatment. Patients such as Nancy Noe, details of interactions with Dick which are more fully set out below, were limited by their circumstances in their options for treatment and 1 Hippocratic Oath. 2 Alabama Board of Medical Examiners & Medical Licensure Commission of Alabama Rules of Professional Conduct 540-X-9-.08 (1) 2 DOCUMENT 136 were subjected to years of repeated sexual assaults by Dick in order to receive the medical treatment they needed to live a normal, active life. During visits with Plaintiffs, Dick performed the following forms of sexual assault: Uninvited hugging; Rubbing of Plaintiffs’ legs, breasts, buttocks, and genitals, both above and beneath their clothing; Inappropriate comments on their looks and bodies; Kisses on the forehead, mouth, and even on their bare buttocks; Pulling off clothes or pulling clothes down to expose breasts, buttocks and genital areas unnecessarily; and Rubbing his obviously erect penis against different parts of their bodies. The above actions were performed by Dick with and without nurses in the room. These actions constitute a trespass to person as to the term appears in ALA. CODe § 6-2-34(1). Several Plaintiffs filed police reports against Dick more than a year ago. Nothing was done until finally, Michael Dick was arrested on January 29, 2018. However, he was only charged with misdemeanor sexual assault. He returned to his practice three days later to continue seeing female patients. Once the television stations aired reports of his arrest, Plaintiffs Coe, Foe, and Jane and Mary Doe came forward and filed charges with the Decatur Police Department. Other Plaintiffs have since filed police reports, as well. Michael Dick has molested, groped, and sexually assaulted dozens of women, including the named Plaintiffs, in the offices of his business, Alabama Medicine & Rheumatology. None of the Plaintiffs invited these actions, asked for them, wished for them, or gained pleasure from them. In fact, Plaintiffs have experienced extreme and ongoing physical, mental, and emotional anguish arising from Dick’s actions. Plaintiffs’ trust in Michael Dick as their doctor was turned to fear, 3 DOCUMENT 136 distress, and anxiety for which they now seek to recover. But their larger goal is to protect other women in the North Alabama community by preventing Dick from inflicting the same sort of suffering on any other potential victim. Michael Dick is not practicing medicine. Instead, he is using his business, AM&R, to prey on vulnerable women and girls, including minor children and those that are unable to protect themselves. Perhaps even worse, he has surrounded himself with a group of nurses, employees, and associates who are willing to enable and facilitate the sexual assault of the women coming to AM&R by turning a blind eye to the suffering of those women Dick has chosen to victimize. These nurses, employees, and associates will be added to this suit as soon as their identities are discovered. As of this amended filing, Michael Dick has been charged with ten counts of misdemeanor harassment, convicted of three, and is now facing felony charges. The Alabama Board of Medical Examiners has conducted an investigation into his conduct. His license to practice medicine in Alabama has been suspended. PARTIES 1. Plaintiffs bring this suit under pseudonyms which are not their true and correct names but are fictitious names utilized to protect their privacy as victims of sexual harassment and sexual assault. 2. Plaintiff Jane Doe is above the age of nineteen (19) years and is a female resident of Colbert County, Alabama. 3. Plaintiff Mary Doe is above the age of nineteen (19) years and is a mentally and physically disabled adult who is fully under the care of Jane Doe, her aunt and next friend. She is a resident of Colbert County, Alabama. 4 DOCUMENT 136 4. Plaintiff Brenda Boe is above the age of nineteen (19) years and is a female resident of Lawrence County, Alabama. 5. Plaintiff Carla Coe is above the age of nineteen (19) years and is a female resident of Lauderdale County, Alabama. 6. Plaintiff Francis Foe is above the age of nineteen (19) years and is a female resident of Madison County, Alabama. 7. Plaintiff Grace Goe is above the age of nineteen (19) years and is a female resident of Colbert County, Alabama. 8. Plaintiff Katie Koe is above the age of nineteen (19) years and is a female resident of Morgan County, Alabama. 9. Plaintiff Laura Loe is above the age of nineteen (19) years and is a female resident of Jefferson County, Alabama. 10. Plaintiff Mabel Moe is above the age of nineteen (19) years and is a female resident of Jefferson County, Alabama. 11. Plaintiff Nancy Noe is above the age of nineteen (19) years and is a female resident of Madison County, Alabama. 12. Plaintiff Jill Joe is above the age of nineteen (19) years and is a female resident of Morgan County, Alabama. 13. Plaintiff Paige Poe is above the age of nineteen (19) years and is a female resident of Morgan County, Alabama. 14. Plaintiff Ruth Roe is above the age of nineteen (19) years and is a female resident of Madison County, Alabama. 5 DOCUMENT 136 15. Plaintiff Susan Soe is above the age of nineteen (19) years and is a female resident of Morgan County, Alabama. 16. Plaintiff Vickie Voe is above the age of nineteen (19) years and is a female resident of Paulding County, Georgia. 17. Plaintiff Wendy Woe is above the age of nineteen (19) years and is a female resident of Madison County, Alabama. 18. Plaintiff Yana Yoe is above the age of nineteen (19) years and is a female resident of Colbert County, Alabama. 19. Plaintiff Zana Zoe is above the age of nineteen (19) years and is a female resident of Morgan County, Alabama. 20. Plaintiff Brenda Bay is above the age of nineteen (19) years and is a female resident of Morgan County, Alabama. 21. Plaintiff Catie Cay is above the age of nineteen (19) years and is a female resident of Morgan County, Alabama. 22. Plaintiff Debbie Day is above the age of nineteen (19) years and is a female resident of Morgan County, Alabama. 23. Plaintiff Fannie Fay is above the age of nineteen (19) years and is a female resident of Madison County, Alabama. 24. Plaintiff Hannah Hay is above the age of nineteen (19) years and is a female resident of Madison County, Alabama. 25. Plaintiff Jenny Jay is above the age of nineteen (19) years and is a female resident of Morgan County, Alabama.