Lawsuit filed by 29 women can proceed against former West Linn doctor while criminal investigation continues, – OregonLive

A judge has denied a request by former West Linn Dr. David Farley to put a two-year hold on a civil case filed against him by 29 patients who allege he sexually abused them.

Multnomah County Circuit Judge Melvin Oden-Orr noted in his ruling Monday that for some plaintiffs, 17 years have already passed. This consideration weighs heavily against granting the stay.

Four women initially filed a lawsuit against Farley and then another 25 women joined it last week. Together, the 29 women seek a total of $290 million in damages, alleging Farley performed unnecessary pelvic exams and engaged in sexual battery while they were in his care.

The Oregon Medical Board stripped Farley of his state medical license on Oct. 2 for dishonorable and unprofessional conduct and gross or repeated negligence. He remains under criminal investigation by West Linn police. A majority of the plaintiffs have made statements to police, according to their lawyers.

Karen OKasey, Farleys lawyer, argued that postponing the civil suit would protect Farleys Fifth Amendment right against self-incrimination in the police investigation.

My client is facing a criminal investigation based on the same conduct, if not more, alleged by these same defendants, she told the court.

OKasey also argued that a delay wouldnt prejudice the women suing, noting the alleged conduct occurred five to 17 years ago.

But the judge found the arguments werent sufficient to grant a hold on the civil suit.

Citing case law, Oden-Orr wrote, Defendant has no absolute right not to be forced to choose between testifying in a civil matter and asserting his Fifth Amendment privilege.

Further, Oden-Orr said Farleys request isnt to simply delay a civil trail but also to delay gathering evidence in the case.

Farley can still protect himself by asserting his Fifth Amendment right when necessary, the judge wrote.

Attorneys for the plaintiffs told the court that theyve heard from dozens of other women who have come forward since the initial lawsuit was filed.

Allowing a stay in a civil matter whenever there is a pending criminal proceeding would render these civil cause of actions worthless and would deny victims of sexual assault the right to seek and obtain compensation for their pain and suffering, the plaintiffs lawyers wrote to the court.

The judge said he agreed, allowing the civil case to proceed.

Tom DAmore and John Manly, lawyers for the plaintiffs, said they have been contacted by more than 70 women who have reported alleged abuse by Farley.

Obtaining documents and testimony from Dr. Farley and those who worked with him at West Linn Medical Center, Legacy Meridian Park Hospital and Providence Health Services is crucial to hold those responsible for the pain and suffering of the young women we represent, DAmore and Manly said in a statement.

No criminal charges have been filed against Farley.

Farley moved to Idaho after leaving the West Linn Family Health Center and sending a retirement letter to his patients Aug. 12. He failed to mention he was under board investigation at the time.

As the civil case proceeds, Farley also is fighting to keep confidential the investigative records from the Oregon State Medical Board.

The plaintiffs lawyers had petitioned the Oregon attorney general to order the medical board to release its investigative records involving Farley. The attorney general ordered some released but not all. Farleys lawyers have argued in court papers that the records should remain confidential and are exempt under state law from public disclosure. Theyre seeking a temporary restraining order that would block the records release.

-- Maxine Bernstein

Email at mbernstein@oregonian.com; 503-221-8212

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Lawsuit filed by 29 women can proceed against former West Linn doctor while criminal investigation continues, - OregonLive