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Law firms take varying approaches to holding UM accountable in doctor abuse cases
By Steve Marowski
Attorneys from across the country have filed lawsuits against the University of Michigan on behalf of clients who say they were abused by late athletic doctor Robert Anderson, but some law firms that haven’t yet taken legal action are trying to find other avenues of justice for their clients. Anderson was a doctor at the University of Michigan from 1968 to 2003. He served as the director of health services until 1980, when he was moved to the athletic department. Anderson died in 2008. Ten years later, former UM wrestler Tad Deluca wrote a letter to Athletic Director Warde Manuel, detailing abuse he says he endured at the hands of Anderson. A police investigation followed and UM opened a hotline Feb. 19 for abuse victims to report their experiences. The university has since received at least 229 unique complaints against Anderson. Dozens of former UM students have reported instances of genital fondling and anal penetration during unnecessary hernia and prostate exams. Some report more overt sexual acts. With scores of victims coming forward to report abuse, a plethora of law firms have begun taking action against the university. Each firm has taken a different path to seeking justice for their clients. Some have met with UM and its lawyers, some have demanded responses from the university and for Attorney General Dana Nessel to investigate, and others have filed lawsuits, including individual and class-action complaints, against UM and its Board of Regents. Here’s what those firms are doing and how they’re approaching cases for their clients. Wahlberg, Woodruff, Nimmo and Sloane — Denver, Colorado Wahlberg, Woodruff, Nimmo and Sloane, is representing more than 60 clients who say they were abused by Anderson. Attorney Parker Stinar said most of the clients are men, but the firm is also representing a few women who said they were abused. Some of those clients include former members of the UM baseball, swimming, track and field and wrestling teams, as well as a former NHL hockey player, a member of the 1997 national championship football team and a former pro football player. During a pair of press conferences announcing the claims, Stinar said he and his partners have met with UM’s general counsel to discuss the three goals the firm has: To uncover the truth, allow a safe platform for victims to communicate and share their story, and to hold UM accountable. “I don’t know that a lawsuit is going to uncover anything at this time that our investigations won’t,” Stinar said at a March 4 press conference. “Ultimately, a lawsuit leads to discovery… that publicly provides our clients names.” The firm has not yet filed a lawsuit, but has called on Michigan Attorney General Dana Nessel to conduct an investigation. Stinar previously said he anticipates meeting with UM in the future to accomplish his clients’ goals, and if that means a lawsuit is required, he said the firm and its clients are prepared to do that. Manly, Stewart and Finaldi — Irvine, California; Grewal Law — Okemos, Michigan; Drew Cooper and Anding — Grand Rapids, Michigan; Dalton and Associates — Wilmington, Delaware This group of firms currently represents more than 50 victims of Anderson, as well as hundreds of victims of imprisoned former Michigan State University doctor Larry Nassar. Dalton and Associates attorney Sarah Klein is also one of the first known victims of Nassar. Like Stinar, attorney John Manly also called on Nessel to open an investigation, but Manly said he won’t meet with UM, the Board of Regents or their general counsel unless they ask to meet. “I’m not going to talk to the general counsel and ask them to help me. They’re clearly in legal mode,” Manly said after a March 5 press conference. “But one way or another, these men are going to get justice.” Anderson, Nassar victims tell UM to do the opposite of what MSU did Manly said he wants three things from UM: Truth and transparency, accountability and justice. He said he hopes he can achieve those goals for his clients without filing a lawsuit. “Going through the civil litigation process is essentially verbal and written combat, and in combat, there are casualties,” Manly said. “We don’t want casualties again. These people shouldn’t be casualties. The good people at (UM) shouldn’t be casualties. And there’s a way to avoid that eventuality, and the way is to own this.” No lawsuit has been filed yet by the firms. The Mike Cox Law Firm — Livonia, Michigan; Shea Law Firm, PLLC — Southfield, Michigan Mike Cox’s firm was the first to file a lawsuit against UM and the Board of Regents. Since filing the first suit March 4, the firm has filed nearly 40 complaints on behalf of anonymous victims accusing the university of negligence, fraud and violations of Title IX and civil rights protections. All of the suits involve former UM athletes, except for one filed on behalf of a former student who was an equipment manager for the football team in 1975. In the suits, the former student-athletes say Anderson abused the young men “by nonconsensual digital anal penetration and excessive genital fondling and manipulation under the guise of medical treatment.” When asked why he decided to file the lawsuits, Cox said his clients, who are all “Michigan men," found out the acts performed by Anderson were “motivated by his deviant sexual desires.” Cox said that a majority of the clients he’s representing wouldn’t have attended UM if it weren’t for their athletic scholarships. He said the lawsuits are seeking injunctive relief, meaning certain agreements and corrective action by UM to ensure something like this doesn’t happen again, as well as whatever financial damages the court deems appropriate. Lieff Cabraser Heimann and Bernstein — San Francisco; The Miller Law Firm — Rochester, Michigan; Sauder Schelkopf LLC — Berwyn, Pennsylvania A federal class action lawsuit was filed by Annika Martin of Lieff Cabraser Heimann and Bernstein; E. Powell Miller of The Miller Law Firm; and Joseph Sauder of Sauder Schelkopf LLC. The suit was filed on behalf of one John Doe and Martin said it could ultimately represent “likely thousands” of victims in similar situations. Martin said March 9 the suit is seeking to hold UM accountable while securing compensation for the victims and ensuring changes at the university. “Changes to their policies and procedures to make sure that students are protected and the safety of students is paramount,” Martin said, “certainly above protecting the school’s reputation.” Martin said she was lead counsel for the class action case against University of Southern California gynecologist George Tyndall, which involves over 18,000 women. Estey and Bomberger, LLP — San Diego, California; Simpson Tuegel Law Firm — Dallas, Texas; White Law PLLC — Okemos, Michigan Representing approximately 20 clients, Michelle Simpson Tuegel and Jamie White said they are in the process of sorting through cases and determining an appropriate time to begin filing lawsuits. They said they would be individual suits similar to the ones Cox filed — not a class action suit. “In our experience, class actions are not the best path or vehicle for sexual abuse cases,” said Simpson Tuegel, who was involved in litigation against University of Southern California doctor George Tyndall. “Class actions are for injuries that are pretty cookie-cutter, you know, like a device broke and injured people in a similar way. Sexual abuse and sexual trauma is too individualized and too complex to put in those cookie-cutter boxes, but a class action does.” Simpson Tuegel and White were both involved in the Nassar case, and White said they are working with state legislature and lobbying for changes in legislation that they believe will make the state of Michigan a safer place and hold institutions accountable in the future. White said the duo successfully drafted and lobbied for a change in the statute of limitations, in cooperation with Sen. Margaret O’Brien, for sexual assault survivors who had been assaulted under the guise of medical treatment. White also said he supports Nessel when she said she won’t open an investigation unless UM fully cooperates. “We still see Michigan State struggling to mend their fences with their communities because of their lack of willingness to engage in an independent investigation," White said, “and we just hope that UM will allow for a truly independent investigation.” Simpson Tuegel said the firms won’t be quick to meet with UM or their general counsel unless they provide the information and transparency their clients want. White said UM knows internally what administrators did or failed to do, and has access to information that Simpson Tuegel and White do not. “We have some of the information from what clients have told us, but if we’ve learned anything from the Nassar and USC litigations, it’s that we know right now it’s bad, but it’s just the tip of the iceberg,” Simpson Tuegel said, “and our clients deserve to know the full picture.” White and Simpson Tuegel said they are representing all men, some of whom were former athletes at UM. University of Michigan When UM released the information about Anderson to the public, it opened a hotline Feb. 19 for victims to report abuse. It also hired Washington, D.C.-based law firm Steptoe and Johnson to conduct an independent, outside investigation. The hotline received more than 30 calls in the first two days and had received 229 unique complaints as of April 16, UM spokesperson Rick Fitzgerald said. On March 7, however, UM announced it would be replacing Steptoe and Johnson after finding out the firm “once represented prominent clients who were accused of sexual misconduct." Those clients included film director Roman Polanski, who was accused of raping a 13-year-old girl in the 1970s, and Jeffrey Epstein, who was awaiting trial on federal sex trafficking charges involving underage girls. In a statement from UM President Mark Schlissel, the university felt continuing with Steptoe and Johnson could discourage former patients of Anderson to come forward. UM hired later Washington, D.C.-based law firm WilmerHale to take over the investigation into Anderson. WilmerHale is also handling a sexual misconduct investigation into former UM provost Martin Philbert. Schlissel has repeatedly apologized on behalf of the university for any harm caused by Anderson, and the university is offering counseling services to anyone affected. Contact: smarowski@mlive.com
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