Since 41 Action News broke this story in July 2015, multiple lawsuits have been filed in both federal and county courts claiming sexual abuse against a former physician assistant at the Leavenworth VA Hospital.
On Tuesday, U.S. Army veteran Josh Hutchinson filed a federal lawsuit against VA Secretary Robert McDonald and former employee Mark Wisner. This is the third federal suit in two months.
"Me and my wife both, we've shed a lot of tears over this. It's just embarrassing," Hutchinson said over the allegations.
Hutchinson was receiving treatment for PTSD when court documents say he was touched inappropriately, fondled, and asked about sex by Wisner. These allegations happened during routine appointments.
"After many, many complaints, what seems, a lot of soldiers. Nothing was ever done,” Hutchinson said. “He was still employed there. He was still working and treating soldiers."
No one to take responsibility
Wisner is accused of sexually abusing an unknown number of vets. Hutchinson first complained in 2014.
"When I made my initial complaint the response was, ‘Oh don't worry about it. He's gonna retire soon, he'll be leaving anyway,’” he said.
Soon after, Hutchinson received a letter from the VA. Obtained exclusively by 41 Action News, the letter asks if the patient received a genital exam during any appointment, how many times and if it was necessary.
In January 2015, the first criminal lawsuit was filed in county court. Two weeks later, the State Board of Healing Arts became involved and Wisner willingly surrendered his medical license.
Hutchinson claims the VA has not offered any help nor taken responsibility.
"A lot of these soldiers are put on the back burner for so long, and they feel like there is nothing being done,” Hutchinson said. “Well there is something being done now, and I want these guys to know it is OK to come forward."
As many as 90 victims
Hutchinson is now helping other veterans who say they have experienced the same treatment. He said he believes there could be as many as 90 victims.
The Leavenworth VA Hospital sent 41 Action News the following statement:
“Upon accusations of inappropriate activity being brought to the attention of executive leadership, this former employee was immediately removed from patient care and an investigation was swiftly initiated. Before the investigation was complete, Mr. Wisner left the VA and also surrendered his medical license to the Kansas Board of Healing Arts. Following the full investigation, criminal charges were officially filed against former employee, Mr. Wisner. Our facility, in coordination with the Office of Inspector General (OIG), launched a notification campaign sending letters, with a dedicated hotline number, to Veteran patients formally under Mr. Wisner’s care. This process was established to ensure open communication with Veteran patients and their family members, to answer their questions, and to offer clinical and administrative support and resources from our VA Medical Center.
Following patient complaints, possible actions may include removing employees from patient care settings. While we cannot publicly discuss pending cases, we take very seriously the safety and well-being of every single Veteran patient. Due to the on-going legal status of this case, we must direct further inquiries to the Office of the Inspector General (OIG) and the Department of Justice (DOJ) Public Relations office in Washington D.C. at (202) 616-2777.
We continue to be committed to delivering the highest quality care to each and every Veteran who walks through the doors at our VA Eastern Kansas Health Care System.”
Leavenworth County District Attorney Todd Thompson sent 41 Action News the following statement:
"Currently we have Mark Wisner charged with aggravated criminal sodomy, accused of engaging in anal copulation while the victim was unconscious or powerless. We also have him charged with three counts of sexual battery, or the touching of a person over the age of 16 with the intent to arouse or satisfy sexual desires of the defendant or another. These are criminal proceedings through the State of Kansas. We are aware that there are Federal civil proceedings, but these two courts are separate and distinct. We are in the job to pursue justice, and all defendants are innocent until proven guilty. We would ask anyone who feels to be a victim of a crime to please reach out to their local law enforcement."
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Lexi Sutter can be reached at lexi.sutter@kshb.com.
