Two civil lawsuits from women identified as Jane Doe have been filed against a Batavia chiropractor who is facing criminal charges that he secretly filmed patients while they were naked, according to the court filings.
The lawsuits against David H. Hanson and Hanson Family Chiropractic both follow criminal felony charges filed against him Nov. 5, alleging that he secretly video recorded more than 180 of his patients, mostly women and girls, as they undressed or were nude.
The first lawsuit was filed Nov. 10 by a Batavia woman on her behalf, and her two minor children, who all received red light and near-infrared therapy at Hanson’s clinic, according to the 10-page civil complaint filed by the law firm Meyers & Flowers, which has an office in St. Charles.
The complaint states that the woman was pregnant and “specifically sought care and treatment related to physical ailments associated with her pregnancy based on HFC’s (Hanson Family Chiropractic) marketing focused on prenatal care.”
The practice marketed red light and near-infrared therapy to “promote healing and overall wellness,” the lawsuit states, and the therapy was done in a “red light room” at the practice.
“Hanson encouraged Doe to undergo red light therapy by unexpectedly offering the service for free,” the lawsuit alleged. “Hanson would also encourage Doe to take off all her clothes and strip down to her naked body in the red light room. Hanson would further encourage Doe to perform stretches in the red light room while naked.”
The complaint also claims Hanson disguised the recording devices to look like Honeywell room fans while he “insisted that Doe would have complete privacy in the red light room.”
This complaint, and a second one filed on Nov. 12 by the FeganScott law firm in Yorkville, both also hold the practice itself at fault for not training staff to prevent secret recordings of patients, to identify hidden recordings or to prevent the installation of hidden devices.
FeganScott filed that civil complaint as a class-action lawsuit, stating that with the alleged amount of patients affected, joining multiple separate lawsuits together is not practical.
“For a class action you just need one victim who steps forward to file the class action, and then the goal is to create a compensation fund from which all victims will be compensated,” attorney Elizabeth Fegan said.
The 33-page ScottFegan suit lists multiple allegations: recordings made without patients’ consent, patients’ privacy was invaded, emotional distress, negligence, breach of confidential relationship, negligent hiring, unjust enrichment, consumer fraud and deceptive business practices, negligent premises, negligent security and lack of reasonable safety policies.
The ScottFegan lawsuit also names the clinic building’s owner, PMI Venture LLC, asserting that it knew or should have known about the secret recording devices, as it had control over all the building systems and fixtures.
The complaint asserts that the owner “failed to take reasonable steps to inspect, correct, prevent or warn; to enforce lease prohibitions on unlawful activity and unauthorized alterations; or to otherwise protect lawful invitees on the Premises.”
One of the registered agents of PMI Ventures LLC had not been served notice of the lawsuit and declined to comment until after his attorney was advised.
The ScottFegan suit also names John Doe defendants 1-100 – which attorney Fegan said covers as many people as possible who were responsible, but who are not yet known.
Both lawsuits were filed in Kane County court and have jury demands, but do not state how much in financial damages are being sought.
Court filings do not show that Hanson Family Practice has an attorney of record as yet in either civil case.
Court dates for both the suits have been set for January.
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