BREAKING NEWS: Survivors File Second Lawsuit Against Rockefeller University Under the Child Victims ActRonald-Samuel-v.-Rockefeller-University
Report on Dr. Reginald Archibald’s Child Sexual Abuse at Rockefeller University HospitalReport_on_the_Investigation_of_Dr._Reginald_Archibald
LAW REFORM UPDATE
BREAKING NEWS UPDATE: On Thursday, February 14, 2019, the New York Child Victims Act or CVA was signed into law by Governor Cuomo.
Anyone who was sexually abused as a child and is currently over 21 years old must take action now. Time is very limited.
Call us now at 888-811-8689
There are numerous excellent organizations providing support and assistance to men who are victims or survivors of sexual abuse. We recommend Dr. Richard Gartner who co-founded MaleSurvivor: the National Organization against Male Sexual Victimization.
Wendy Bassett LCSW has also been recommended as someone with many years experience working with male trauma survivors of all ages and also in the dissemination of evidence-based psychotherapy for PTSD.
The organization 1in6 also hosts a 24/7 helpline specifically for men who were sexually abused or assaulted. You can chat online or speak to someone in person at 800-656-4673.
Dr. Reginald Archibald, an expert pediatric endocrinologist researcher at prestigious Rockefeller University Hospital from the 1940s to the 1980s, engaged in child sexual abuse during examinations of his young patients. Like Dr. Larry Nasser, under the guise of legitimate medical research and treatment of children with growth issue, Dr. Archibald manipulated children’s genitals for sexual arousal.
After locking the examination door behind them, Dr. Archibald often instructed his young patients—some as young as 5 years old—to masturbate as a standard part of his medical exam. He inserted his un-gloved fingers into little girl patients. And he used a Polaroid camera to photograph the genitals and naked bodies of many children.
Visit this page to review the media coverage of the Dr. Reginald Archibald scandal at Rockefeller University Hospital and the Madison Square Boys Club (MSBC).
Victims Demand AccountabilityRUPatientResearch
On December 11, several victims and survivors of Dr. Archibald gathered at Rockefeller University, along with attorneys Mike Pfau, James R. Marsh, and Jennifer Freeman, to demand full transparency and accountability concerning the child sex abuse images taken of them under the guise of ‘scientific study.’Cantwell-Ltr-12-11-18
Madison Square Boys Club (MSBC)
A number of our clients met Dr. Archibald through the Madison Square Boys & Girls Club when it was known as the Madison Square Boys Club or MSBC. According to our clients, Dr. Archibald used his position at MSBC to recruit boys for his “research” and scientific experiments at Rockefeller University which included sexual abuse.
Our clients clearly remember Dr. Archibald as a fixture at MSBC for decades, with his own private office on the premises where he was present most Saturdays. He was often accompanied by well-dressed men in suits and ties. He was very friendly with the executive director at the time, Sherwood T. Ernenwein, and his son Richard.
It is our understanding that Dr. Archibald conducted annual “medical examinations” of every boy at MSBC which were often fully nude and occurred in a private examination room near the indoor swimming pool. At least one client reported that from when he was about 6 through 14 years old, Dr. Archibald took nude photographs of him at MSBC, often positioning and photographing his genitals. We also understand that the first director of MSBC, Albert B. Hines, was an avid photographer and installed his own private darkroom in his personal residence on the fifth floor of the East 29th Street clubhouse in Manhattan. In addition, Dr. Archibald, who was sometimes called the “pool doctor,” watched the boys as they swam naked in the Club’s pool.
On January 17, 2019, we sent a letter to Madison Square Boys & Girls Club executive director Tim McChristian on behalf of victims who met Dr. Reginald Archibald at the Club.
As a non-profit institution with a long and storied past which helped many ‘eastside boys,’ the Madison Square Boys & Girls Club has an obligation to the children of New York City, its donors, and the public to conduct a thorough and transparent investigation into the organization’s sometimes-disturbing history.Letter to MSBC dated January 17, 2019
Press Conference October 19, 2018
Our attorneys are leaders in the field of child sex abuse law. James R. Marsh is a world renowned advocate for children and victims of sexual abuse. As chairman of Child USA, James is heading a major national task force on the Dr. Larry Nassar scandal. Our case in the United States Supreme Court, Paroline v. United States, established a victim’s right to damages from individuals who possess their child pornography images. We are currently litigating a groundbreaking child sex abuse case against Big Brothers Big Sisters and have represented countless victims of Catholic Church and institutional childhood sexual abuse.
Marsh Law Firm has been retained by many victims of Dr. Archibald and we are currently investigating these and other disturbing incidents of child sex abuse. Please remember that you are not alone, there is strength in numbers, and Dr. Archibald’s victims and survivors demand and deserve answers and accountability.
On November 9, 2018, Rockefeller University Hospital announced the establishment of a Therapy Fund which is managed by RAINN – the Rape, Abuse & Incest National Network. The fund is opening on November 13, 2018 and will provide financial assistance for therapy costs and help finding a therapist. Although the Fund is a welcome beginning for victims and survivors of Dr. Reginald Archibald’s abuse and exploitation, we have serious questions about the use of any information obtained through this seemingly well-meaning program. Anything you say can and will be used against you. Client protection and integrity remains our sole and most important goal. Please contact us before taking any action concerning the Rockefeller Hospital Therapy Fund. Whether you have retained our firm or not, all communications are strictly confidential and without charge. Call us if you have any questions at 888-811-8689 or email@example.com.RAINN-Therapy-Fund
On October 18, 2018, the New York Times published the following story about the scandal, A Wave of Child Sexual Abuse Accusations Against a Doctor, and Hospital Says It Knew.
On October 28, 2018, the New York Times published this Letter to the Editor:
As president of the Pediatric Endocrine Society, I speak for the membership in condemning the practices of Dr. Reginald Archibald outlined in your article.
The reported examination techniques are outside standards of care as they have existed at any time in our history and clearly amount to sexual abuse.
Furthermore, unchaperoned examinations are strongly discouraged by the society. While brief genital examination remains a critical part of assessment of growth and development in children and adolescents, for which there is no alternative, our members are trained to practice examination techniques that respect the privacy and dignity of our patients, are quick and limited to obtaining only the necessary information, and are always chaperoned by either a parent or a trained medical staff member, depending on the patient’s preference.
The members of the society are committed to providing the highest degree of compassionate care to our patients and their families, who are dealing with sensitive concerns about growth and development. The behavior of Dr. Archibald does not reflect the respectful and evidence-based practices of pediatric endocrinology in the United States.
Although Dr. Archibald died in 2007, he was subject to a secret investigation by the Rockefeller University Hospital in 2004. The Hospital also received at least two complaints about Dr. Archibald in the 1990s. We have demanded that Rockefeller University promptly release all prior investigatory reports and patient complaints concerning Dr. Reginald Archibald.Demand_to_Release_All_Reports_10-18-2018
We have also demanded that Rockefeller University preserve all evidence concerning Dr. Archibald and his patients.Request_to_Preserve_All_Evidence_10-24-2018
The University retained the corporate law firm Debevoise & Plimpton LLP to investigate and communicate with Dr. Archibald’s victims. The founder of Debevoise & Plimpton was the prominent New York lawyer Eli Whitney Debevoise who once served as a trustee of Rockefeller University. He died in 1990.
Rockefeller University also recently retained the corporate law firm Ropes & Gray whose leader, Keith Wofford, was the Republican candidate for New York Attorney General. Mr. Wofford declared an annual salary in excess of $4.35 million on his election disclosure form. Ropes & Gray will be defending any lawsuits brought by Dr. Archibald’s victims.
This letter, which was sent to Dr. Archibald’s victims on October 5, 2018, is incomplete and disingenuous because it does not include Rockefeller University’s public statement on the scandal (reproduced below). Rockefeller University’s lack of transparency is a repeat of the original deception experienced by Dr. Archibald’s child patients which involved vague medical experiments and child sex abuse under the guise of medical treatment and assessment. There was no informed consent, no disclosure to patients, no accountability to parents (who were excluded from the examination room), and little or no supervision by Rockefeller University. Like Dr. Larry Nassar, Dr. Archibald was beyond reproach, question, or scrutiny. Nothing in Rockefeller University’s so-called “outreach” to victims provides any information and instead funnels people who are traumatized and confused after receiving the letter to RockU’s lawyers who are conducting a self-serving investigation of the victims themselves.RUHLetter_Redacted
Here are Rockefeller University Hospital’s public statements, released on their website:
Statement regarding Dr. Reginald Archibald
from the Rockefeller University Hospital
(October 5, 2018)
We have come to learn that Dr. Reginald Archibald, who retired from the Rockefeller University Hospital in 1982, engaged in certain inappropriate conduct during patient examinations. The Hospital and University deeply regret pain and suffering caused to any of Dr. Archibald’s former patients. Dr. Archibald began working at The Rockefeller Institute for Medical Research (later, The Rockefeller University) as a visiting investigator in 1940, and at the Hospital as an assistant resident physician from 1941‐1946. He later returned as a Hospital senior physician and University professor from 1948‐1980, with medical staff privileges at the Hospital until 1982. He became professor emeritus in 1980 and senior physician emeritus in 1987. He passed away in 2007. Dr. Archibald studied childhood growth and maturation, focusing on children of short stature.
In 2004, The Rockefeller University Hospital was informed of a report by a former patient related to the propriety of certain of Dr. Archibald’s conduct during physical examinations. The University notified the federal Office of Human Research Protections, the New York State Office of Professional Medical Conduct, and the Manhattan District Attorney. In addition, the University retained legal counsel Debevoise & Plimpton LLP to investigate. Following its review of then‐available information, including from interviews with former patients, faculty, administrators, and staff, and two prior reports made in the 1990s that were located, Debevoise found certain allegations credible and determined that it was likely that some of Dr. Archibald’s behavior towards this patient was inappropriate. A policy relating to the further protection of pediatric patients was added to the Hospital’s then‐existing safeguards and processes designed to protect patients.
Earlier this year, another former patient of Dr. Archibald’s, who had not been identified in the 2004 investigation, came forward to make a similar report. In response, the University again reported the matter to appropriate state and federal authorities and re‐engaged Debevoise to investigate further. The 2018 investigation benefited from additional information that was not available in 2004, including information from several former patients who came forward. Based on its investigation, the law firm concluded that some of Dr. Archibald’s behaviors involving these patients were inappropriate.
In response to these findings, Dr. Archibald’s emeritus status at the Hospital and University have been rescinded and references to him have been removed from the Hospital and University webpages.
The Hospital is now reaching out individually to Dr. Archibald’s former patients, so they can share their experiences or any concerns. Due to the passage of time, though, the Hospital has encountered difficulties in locating all of Dr. Archibald’s former patients. Patients with information they would like to share regarding their interactions with Dr. Archibald should contact Helen Cantwell, of Debevoise at: (212) 909‐6312 or firstname.lastname@example.org.
Update on Previously Announced Investigation regarding Dr. Archibald
from the Rockefeller University Hospital
(October 18, 2018)
In response to sexual misconduct allegations made earlier this year against Dr. Reginald Archibald, a physician who worked at The Rockefeller University Hospital from 1941-1946 and 19481982 and died in 2007, the University retained external legal counsel to investigate. Dr. Archibald studied childhood growth and maturation.
The investigative team, aided by new information from former patients who came forward, is conducting a comprehensive review. In early October, the Hospital sent letters to as many of Dr. Archibald’s former patients as it could locate, asking them to share information about their interactions with Dr. Archibald, and posted a statement on the Hospital website on October 5, 2018.
In the two weeks following the mailing of the letters, we heard from many of Dr. Archibald’s former patients, including a number who told us that they had been subjected to sexual misconduct. We are appalled to hear those accounts of Dr. Archibald’s reprehensible behavior. We deeply regret pain and suffering caused to any of Dr. Archibald’s former patients. We are extremely grateful to patients for sharing their experiences with us.
The University will continue to provide additional updates, while protecting patient privacy.
As communicated in our previous statement, patient protections and safeguards have been enhanced at the Hospital over the past several decades, making an occurrence of this type highly unlikely today.
Counseling Support for Dr. Archibald Patients
We anticipate that some of Dr. Archibald’s former patients may wish to seek counseling. The Hospital is establishing a Rockefeller Hospital Therapy Fund to provide financial resources for counseling services for those of Dr. Archibald’s former patients who request it. The Hospital is partnering with RAINN (Rape, Abuse & Incest National Network), a national nonprofit organization providing support for survivors of sexual assault, which will assist former patients of Dr. Archibald to locate qualified counselors and therapists. We will provide updated information about the terms of the counseling fund, and how former patients can access counseling funds once the RAINN Hotline is live.
Reimbursements to providers for the cost of counseling will be managed by a third-party claims administrator. Patient communications with RAINN, the claims administrator, and visits with a therapist or counselor will be kept confidential from Rockefeller. We will soon post information on our website with additional details, including contact information, on the Rockefeller Hospital Therapy Fund.
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We are greatly indebted to all patients who have shared their experiences with the investigators to date. This investigation has been aided immeasurably by the responses that have been received.
PLEASE BE ADVISED that Dr. Archibald’s victims have reported to us that representatives of Debevoise & Plimpton LLP are asking them to sign documents and other papers.
It is important for victims to understand that neither Debevoise & Plimpton LLP nor Ropes & Gray nor any attorney acting on behalf of Rockefeller University Hospital are disinterested parties.
Rule 4.3 of the New York Rules of Professional Conduct clearly states that “In communicating on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding. The lawyer shall not give legal advice to an unrepresented person other than the advice to secure counsel if the lawyer knows or reasonably should know that the interests of such person are or have a reasonable possibility of being in conflict with the interests of the client.” In order to avoid a misunderstanding, “a lawyer will typically need to identify the lawyer’s client and, where necessary, explain that the client has interests opposed to those of the unrepresented person.”
No one representing Rockefeller University Hospital should be giving any legal advice about the statute of limitations, the New York Child Victim’s Act, any potential causes of action, or the settlement of any potential claims.
Unrepresented victims of Dr. Reginald Archibald and Rockefeller University Hospital are urged to proceed with caution.
As a victim of childhood sexual abuse, you have the right to consult with an attorney before agreeing to any outcome or signing any papers as suggested by the Rockefeller University or anyone else. Victims and survivors of Dr. Reginald Archibald need answers to the many questions posed by the 2004 investigation, how Dr. Archibald responded to the accusations before his death, and whether child pornography images, masquerading as medical records, exist now or may have existed in the past.
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