Medical Professional Sexual Assault Lawsuits

If you experienced sexual abuse while a patient of a medical professional, regardless of their field of work or specialty, you need to know that you have rights. Let our attorneys with years of experience fighting for survivors help you seek justice. 

Brigham & Women’s Medical Professional Sexual Assault

Justice Law Collaborative is fully committed to helping survivors of sexual assault in medical settings hold their abusers accountable. You deserve to have your voice heard, even if you choose to remain anonymous, and we want to help. We are actively investigating multiple claims for individuals against Dr. Derrick Todd, and we believe there could still be hundreds of patients out there in Boston and surrounding areas who were harmed over the course of his 15 years as a practicing physician. 

If you or someone in your family has suffered at the hands of Dr. Todd, you deserve to tell your story, and you may also have a legal claim for compensation. We can help you hold him accountable for the harm he caused. Furthermore, speaking out helps make our Boston area hospitals a safer place for everyone by contributing to reforming the institutions that have allowed the abuse to occur.

While we all would like to believe we can always trust the people tasked with our healthcare, the heartbreaking reality is that accounts of abuse in medical settings are not uncommon. Over the past three decades, thousands of doctors across the United States have been disciplined publicly for sexual allegations their patients made against them. The true extent of sexual abuse and misconduct by physicians is likely far wider-reaching than we currently know, and true data remains uncertain because so many patients are afraid to come forward. Staying quiet, while understandable, only helps perpetuate this sick cycle of abuse. We must shed light on these instances whenever we see or experience them.

Unfortunately, the very nature of the patient-physician relationship is fundamentally unequal and therefore lends itself to the possibility of abuse. As patients, it's normal to feel dependent on the expertise and knowledge of our doctors to manage our ongoing healthcare and medical needs. We trust these professionals to have our best interests at heart. Because this has been the case for generations, physician sexual misconduct is always a severe and irreversible violation. The abuse is coupled with the utter exploitation of the physical and emotional vulnerability of the patients, violating numerous ethical and professional principles. 

Dr. Derrick Todd was placed on leave in July 2023 after two anonymous complaints were filed, alleging that he did not get appropriate consent before performing breast and pelvic exams on patients who had no medical need for them. In addition, there have been reports that he convinced patients to let him perform vaginal exams on them instead of referring them to a gynecologist. 

As of September 2023, Todd reportedly voluntarily agreed to stop practicing medicine in any state. However, at this time, he has not admitted to any wrongdoing. It is now up to those he harmed to come forward and add your voice to the effort to make sure he never hurts anyone again and that Brigham and Women’s Hospital takes the necessary steps to make their facility safe for all patients. 

Boston IVF & Fertility Fraud Lawsuit

A renowned fertility doctor and former Harvard Medical School professor, Dr. Merle Berger, was hit with a major lawsuit for secretly impregnating his patient, Sarah Depoian, with his own sperm. Sarah went to Dr. Berger for an intrauterine insemination (“IUI”). Dr. Berger told Sarah that the sperm would come from an anonymous sperm donor “who resembled her husband, who did not know her, and whom she did not know.” Sarah’s daughter, Carolyn Bester, discovered that Dr. Berger was her biological father after using a home DNA test kit this year.

Ms. Depoian and her husband saw Dr. Berger in 1980 for assistance conceiving a child. Because Ms. Depoian’s husband’s sperm could not be used, Dr. Berger promised to perform an insemination using the sperm of a medical resident who resembled her husband, who did not know her, and whom she did not know. With that understanding, Ms. Depoian consented to the insemination.

Ms. Depoian recently found out that Dr. Berger did not use the sperm of a medical resident, as he had promised. Instead, he inserted his own sperm into her body. In doing so, Dr. Berger violated Ms. Depoian. Civil Action No.: 2

Ms. Depoian, like all patients, had a right to know what was being inserted into her body. She also had a right to refuse the insertion of sperm into her body to which she did not consent.

Dr. Berger’s misconduct was not a mistake: Rather, in order to engage in the actions discussed in this lawsuit, Dr. Berger needed to masturbate in his medical office, walk over to his patient while carrying his own sperm, and then deliberately insert that sperm into his patient’s body—all while knowing that she did not consent to his sperm entering her body.

To make matters even worse, Dr. Berger then covered up his deeply disturbing conduct. He had multiple opportunities to be honest with Ms. Depoian after the insemination. He could have told her immediately after the insemination, just as he could have admitted his abuse of power days or weeks later. But in order to cover up his misconduct and prevent her from suing him promptly, he concealed his fraud from Ms. Depoian.

Dr. Berger’s life would have been entirely different had he admitted his assault on Ms. Depoian at the time. Dr. Berger went on to become one of the country’s most prominent fertility doctors. He founded one of the nation’s largest fertility clinics, Boston IVF, and was an Associate Clinical Professor at Harvard Medical School. He should have known better—and, in fact, did know better—than to abuse his patient, Sarah Depoian. We are honored to be co-counsel on this case with Pfeiffer-Wolf.

In the pursuit of justice, we fight passionately for survivors to not only secure the financial compensation they deserve but also get the closure they need so they can begin to truly heal. We also help enable our clients to force these institutions to implement procedures and protocols to prevent future abuse. 

Attorney Kim Dougherty, the leader of our Sexual Assault team, has a national reputation as an advocate for sexual abuse survivors. She also has nearly two decades of experience in civil litigation. We are a woman-owned and operated law firm with vast experience representing sexual assault survivors in an array of scenarios, and we are ready to fight for you. 

We know how hard it is to come forward and finally speak your truth. Please keep in mind you can file your case anonymously. We promise to take a compassionate, trauma-informed approach to your case as we do with every client we represent. Let us empower you to take control of your life again.