A court petition outlines alleged exam room tactics used by a Fort Hood doctor that plaintiffs say exploited a power imbalance.
FORT HOOD, Texas — A 20-page petition filed in the 146th Bell County District Court includes never before seen evidence against suspended OBGYN Maj. Blaine McGraw, who was assigned to Fort Hood.
Earlier this week, the Army charged McGraw with multiple charges and dozens of specifications, including the alleged indecent recording of 44 victims. After the charges, 81 more alleged victims joined the civil lawsuit against McGraw.
(Warning: Some may find the following details disturbing.)
In the petition, photographs taken by alleged victims show tactics allegedly used by McGraw during examinations, including how he positioned his cellphone in his breast pocket with his phone’s camera lens facing outward.
The lawsuit states, “On multiple occasions, he positioned his Army nameplate clip beneath his cellphone so that the badge would prop the device outward, preventing the camera lens from being covered by his medical garments.”
There were also three alleged patterns of abuse in the petition, including nonconsensual photos and videos, unnecessary or unconsented procedures, and sexualized touching during examinations without a chaperone.
“She went into that examination three months out of [Advanced Individual Training], a [Private], 19 years old. Not much more than a girl. She goes into that examination room with Dr. McGraw alone, no chaperone,” attorney Andrew Cobos said. “He puts her on the bench and starts the examination of her most sensitive areas and he pulls out his cellphone.”
The petition continues, “After reporting her rape to her chain-of-command, this soldier underwent a sexual assault forensic examination conducted by McGraw — again, with no chaperone present. McGraw failed to document in her medical records that a rape kit had ever been performed. As a result, the criminal case proceeded and her assailant was ultimately acquitted.”
Petition details allegations against McGraw in Hawaii
Also in the petition is how McGraw allegedly induced labor without consent at the Tripler Army Medical Center in Hawaii.
According to the filing, McGraw allegedly performed an off-the-books pelvic exam and induced labor. McGraw then allegedly told the patient they could both “get in trouble” and instructed her to text him once she left hospital property.
“Almost to a ‘T’ every story that we hear involves an examination in which a chaperone wasn’t present,” Cobos said. “The Army needs to sit up and take recognition of this power disadvantage that they’re putting lower enlisted soldiers in every time they enter an examination room.”
One of the alleged victims in the case says the allegations of abuse were enabled by “a broken system.” We’ve chosen not to identify the alleged sexual victim to protect their privacy and minimize further harm.
“It has destroyed our ability to feel safe seeing medical providers on or off post because we don’t know if we are walking into a clinic or crime scene,” the alleged victim said. “My sense of safety, something that everyone deserves, was taken. And I’m not alone in this loss.”
The 82 plaintiffs in the case are now seeking more than $82 million in damages. Army prosecutors preferred 61 charges against McGraw, who remains in pretrial confinement at the Bell County Jail.