By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On December 7, 2017, a woman who accused a Coral Gables Massage Envy masseur of sexual assault filed a civil lawsuit in Miami-Dade circuit court against that franchise’s owner. The suit charges that First World Financial Corp.’s negligence in hiring and business practices cleared the way for the alleged sexual assault by the male licensed massage therapist.
According to the suit, she is seeking compensation for “injury and expense, including but not limited to, psychological and emotional injuries, mental anguish, and the loss of the enjoyment of life.”
I recently wrote a blog about a similar case that was filed in Washington, D.C., seeking $25 million in damages. Read it here.
Details of the Florida Suit.
After the allegations came forward, the massage therapist was charged criminally with sexual battery and felony battery. He pled guilty to felony battery and received five years probation. His massage therapist license has been under an emergency restriction order from the Florida Department of Health (DOH), which still allows him to give massages, but a supervisor must be present. His license expired in August 2017.
The woman, who is not named in the suit, claims that First World knew of the numerous nationwide sexual assault reports but didn’t tell women coming in for massages. Nor did First World “have reasonable policies and procedures in place to protect its female guests from a sexual misconduct by a person performing services at Massage Envy.
To read a prior blog I wrote on a similar case involving a massage therapist in hot water, click here.
Contact Health Law Attorneys Experienced in the Representation of Massage Therapists.
The attorneys of The Health Law Firm provide legal representation to massage therapists in Department of Health (DOH) investigations, licensing matters and other types of investigations of health professionals and providers. We have represented a number of massage therapists who have had summary actions initiated against their massage therapy licenses by the Department of Health (DOH).
To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.
Sources:
Neal, David. “She says she was sexually assaulted at Massage Envy. Now she’s suing.” Miami Herald. (November 17, 2017). Web.
Neal, David. “7 healthcare workers disciplined over fraud, drug use, rape allegation.” Miami Herald. (June 17, 2017). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawfirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone; (407) 331-6620.
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