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Physician assistant’s license restored after suspension

Sexual exploitation lawsuit against UnityPoint moves forward

As a lawsuit filed by a UnityPoint Health patient moves forward, a Fort Dodge physician assistant accused of sexually exploiting the patient has had his license fully restored.

Mervin Casey IV, 33, received notice from the Iowa Board of Physician Assistants that his license was returned to full-privilege status, free of restrictions on March 26, after a probationary period. His license was reinstated on Aug. 9, 2019, after a voluntary year of suspension that started in May 2018.

Casey self-reported an inappropriate relationship he pursued outside of his practice with a patient under his care for mental health and chronic pain management. His license was reinstated after completion of a sexual misconduct evaluation, substance abuse treatment and a board-approved “boundaries program.”

Though he said there’s “no guarantee” inappropriate boundary issues won’t reoccur, licensed psychologist Dr. Luis Rosell said that a reoccurrence is “improbable” given his motivation to achieve goals and positive response to interventions, according to documents filed in his application to reinstate his license.

A boundaries and ethics plan submitted by Casey said that he would continue with therapy, attending Alcoholics Anonymous, would not share personal information with patients and would use chaperones for patient encounters.

Casey pleaded guilty in October 2018 to misdemeanor charges of obstructing a prosecution and unlawfully possessing Adderall. He was sentenced to two years probation.

Even though the victim in the case settled civil claims with him for $25,000, co-defendants Trimark Physicians Clinic and UnityPoint Health–Trinity Regional Medical Center, named in the lawsuit filed nearly a year ago, have not yet been released.

The lawsuit claims that UnityPoint failed to “exercise due diligence” in supervising Casey, have proper policies addressing therapist/patient boundaries, fully investigate Casey’s background and restrict his access to patient records for personal gratification.

An attorney for UnityPoint Health rejected those claims.

“The undisputed facts will also show a record devoid of any evidence of negligent retention, hiring and/or supervision by these defendants of Mervin Casey,” said attorney Joseph Fitzgibbons for the defendants in a motion for summary judgment, filed April 2.

After several months of treating the plaintiff, the lawsuit says that Casey gave the patient his phone number in March 2018. He then contacted her with the phone number she gave to UnityPoint Health.

The lawsuit delves into graphic details of a relationship that escalated from a professional one to a sexual one, including acts of sadomasochism between the physician assistant and patient. The plaintiff alleges that Casey administered oxycodone to her through sexual acts.

A hearing on the defendants’ motion to dismiss the lawsuit is scheduled for June 8. A trial has been tentatively scheduled to start Aug. 11.

Court records show that Casey settled directly with the plaintiff after he struggled to find an attorney he could afford to represent him in the sizable lawsuit exceeding $10,000. Court records indicate that UnityPoint refused to provide legal defense for Casey, according to a letter filed with the court in September 2019 that asked the court to delay rendering a default judgment. It is unclear if Casey is still employed by UnityPoint.

The plaintiff has demanded a jury trial to hear claims of emotional distress caused in part by negligence from the health care providers.

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