Government fights back against sex abuse lawsuits involving form - KCTV5

Government fights back against sex abuse lawsuits involving former VA physician assistant

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According to attorneys in contact with KCTV5 News, more than 50 veterans claim Mark Wisner abused them while they were under his care. (Leavenworth County Jail) According to attorneys in contact with KCTV5 News, more than 50 veterans claim Mark Wisner abused them while they were under his care. (Leavenworth County Jail)
LEAVENWORTH, KS (KCTV) -

The United States government has filed a motion to dismiss one of the seven federal lawsuits against them and former Leavenworth VA physician assistant.

According to attorneys in contact with KCTV5 News, more than 50 veterans claim Mark Wisner abused them while they were under his care.

Lawsuits allege Wisner conducted inappropriate genital exams without gloves and made inappropriate sexual comments. He also faces criminal charges for sexual battery and criminal sodomy.

Marine veteran Kyle McIntosh is the plaintiff in one of the federal lawsuits. He was one of the first veterans to file. He had been seeing Wisner at the Leavenworth VA for months before he began to feel his medical treatment was abusive.

“I feel dumb now because you look back and it’s like, I’m not a stupid individual, but yet I was deceived so easily because of his position at the hospital. He already had that trust,” McIntosh said.

McIntosh, and others claiming they were abused by Wisner, also blame the VA Hospital in Leavenworth for neglecting to properly oversee Wisner in his responsibilities as a physician assistant. They say, if the VA had acted, the abuse could have been stopped or prevented.

In a motion to dismiss the lawsuit filed by McIntosh, the government claims he has no case.

The motion details a list of reasons, including, “plaintiff’s claims against the United States must be dismissed because Wisner was not acting within the scope of his employment.”

It goes on to explain, “Wisner’s unnecessary touching of plaintiff and the alleged inappropriate sexual comments/solicitation were not related, or incident to medical treatment plaintiff was receiving.”

McIntosh’s attorney, Tom Pickert, has filed his response. He said it’s just another hurdle he expected to encounter.

“I think it’s just a legal tactic to try to push the ball down the road and prevent other vets who may have been abused or neglected from filing,” Pickert said.

Pickert said many of the United States’ arguments can’t hold until the facts in the case are heard.

The alleged sexual abuse has impacted McIntosh’s family. He’s going through a divorce and splits time with his 10-month-old son.

“My family would still be together had I not had this in my life at this time,” said McIntosh, getting emotional.

In addition to filing this lawsuit, McIntosh will testify in the criminal trial against Wisner. He wants to protect other veterans from going through the same experience.

“Stuff like this should never happen,” McIntosh said. “That’s my main goal is that nothing like this ever happens again.”

Wisner will appear in court in Leavenworth County on Aug. 11.

Copyright 2016 KCTV (Meredith Corp.) All rights reserved. 

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