JBLM doctor accused of sexual offences against 41 patients

A doctor at Joint Air Force Base Lewis-McChord has been charged with dozens of counts of sexually abusing 41 patients, a case that has also drawn the Army into allegations that it failed to adequately protect soldiers on the base.

Maj. Michael Stockin pleaded not guilty in April to 47 counts of sexual abuse and five counts of indecent exposure, the latter defined as unlawful viewing of someone’s private area, according to Michelle McCaskill, a spokeswoman for the U.S. Army Office of Special Trial Counsel.

Stockin, 38, who has worked at Madigan Army Medical Center since July 2019, performs administrative duties in a non-clinical part of the hospital and does not live on base, McCaskill told The News Tribune.

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His trial is scheduled for January, according to military court documents. He could face more than 330 years in prison if convicted on all charges, and the judge orders him to serve those sentences back to back, McCaskill said, citing statutory maximum penalties for the charges.

Attorney Robert Capovilla, representing Stockin, said in a statement that the defense intends to fight each charge until the jury reaches a verdict.

“Until then, we sincerely hope that the United States military is fully prepared to respect Major Stockin’s constitutional rights at every stage of this process,” Capovilla said. “We understand that in today’s political culture, some in the media will continue to condemn Major Stockin and pass judgment before a jury or judge has even heard the evidence.

“We appeal to everyone to keep an open mind, to remember that Major Stockin is presumed innocent, and to understand that this fight is only just beginning.”

Over 100 victims?

Federal tort claims filed last week by four alleged victims reveal details of Stockin’s alleged misconduct. The three soldiers and airman who filed claims were referred to the hospital’s Interdisciplinary Pain Management Center between August 2021 and April 2022. Each said a visit for back pain treatment from Stockin, an anesthesiologist and pain specialist, turned abusive.

The women said Stockin made them take off their pants and underwear and then, for no apparent medical reason, touched or stared at their genitals during uncomfortable examinations unlike any they had previously undergone, according to copies of the complaints obtained by The News Tribune.

Christine Dunn is a lawyer representing the men and 11 other alleged victims who have also filed tort claims since September. Dunn said in an interview that the range of accusers who have come forward illustrates systemic problems in the military.

“The sheer number of casualties really suggests to me that the Army was negligent in its procedures and policies,” Dunn said. “They didn’t have the proper procedures in place to keep patients safe.”

The number of victims is claimed to be higher than the charges, which all involve patients at the base hospital.

The tort claims allege that Stockin sexually abused more than 100 patients — a figure Dunn said was drawn from her clients who provided information obtained during interviews with Army investigators. Dunn said she wasn’t sure whether all of the uncharged allegations against Stockin stemmed from his time at JBLM, but noted that she had only personally spoken to soldiers on the base. Among her clients, the alleged abuse occurred since 2019.

“I think at some point (investigators) had to stop adding victims, otherwise they would never have been brought to justice,” she said. “There are more.”

The Army Under the Microscope

Dunn represents some patients whose complaints were not alleged in the criminal case, she said. Many of her clients have already retired from medical school, some at a “very young” age, because of injuries that prompted hospital visits, she added.

The four complaints filed June 27 alleged that the Army was negligent because it should have done a better job of vetting Stockin before hiring him and better supervised him during interactions with patients. Two of the alleged victims were discovered a month or two after the Army was notified of the allegations against the doctor, according to Dunn, who added that the doctor’s alleged conduct was reported up the chain of command and no action was taken.

Each lawsuit, including 11 previously filed, seeks $5 million in damages.

A message left with the Army’s public relations office was not immediately returned. Madigan Army Medical Center did not respond to an inquiry by deadline.

Attorney Ryan Guilds, who is acting as a pro bono victim advocate for seven of the alleged victims in the criminal case, said it was unclear what steps the Army had taken to fully investigate whether the same reported issues involving Stockin had occurred outside of JBLM.

“I am still very concerned about the proper investigation into this case,” he said.

In his role, he is expected to protect the privacy of clients, represent them independently during proceedings and provide them with legal representation in the sentencing process if convicted. Guilds said he was concerned that half of alleged victims in a criminal case did not yet have a lawyer, despite having the right to one.

A spokesman for the U.S. Army Criminal Investigation Division, given the opportunity to respond to the allegations, said he did not expect to have any additional comment on Stockin’s case beyond what the U.S. Army Office of Special Counsel for Litigation had provided, referring The News Tribune to the Army’s general public affairs department.

In November, the military human rights group Protect Our Defenders, which Guilds serves as an adviser, issued a media alert ahead of Stockin’s probable cause hearing. The group called the case “historic” and “the biggest military sexual assault scandal in recent memory.”

The group also called on Congress to change the Feres Doctrine, which prevents soldiers injured on active duty from suing the federal government.

A tort claim typically precedes a lawsuit, but the Feres doctrine has historically limited sexual assault claims against the Army, according to Dunn’s firm, Sanford Heisler Sharp LLP. The firm recently said an August 2022 decision by the U.S. Court of Appeals for the Ninth Circuit set the path for pursuing claims through legal means. The appeals court ruling upheld a lower court ruling that allowed Army Col. Kathryn Spletstoser to pursue her claims against the Army after she accused then-Air Force Gen. John Hyten of sexual misconduct.

Dunn said it was important to acknowledge the impact the situation had on her clients — men and soldiers who had been taught to be tough and who had to admit they were alleged victims of “such a blatant breach of trust.”