California Injury and Employment Law Attorneys
"Dr. Atkinson's sexual abuse of Myisha and Shalan is particularly
disturbing because he knew his conduct was illegal, yet he
pretended like everything that he did, including feeling their
breasts was part of normal chiropractic treatment" - Attorney
John Winer.
WHAT: PRESS CONFERENCE
WHERE: WINER, McKENNA & BURRITT, LLP
1999 Harrison Street, Suite 600
Oakland, CA 94612
WHEN: 11:00 am Monday, June 11th
WHO: Attorney John D. Winer, Sexual Abuse
Victims Myisha Kee and Shalan Hooks.
Oakland CA-This morning John Winer, senior
partner of Winer, McKenna, Burritt & Tillis filed a civil
complaint in Contra Costa Superior Court against Pleasant Hill
chiropractor David Atkinson, D.C. charging that Dr. Atkinson
sexually abused multiple women including Winer's clients Myisha
Kee and Shalan Hooks.
Dr. Atkinson sexually abused Myisha Kee a 42-year-old African
American with three children on a number of visits all in the
guise of treatment. The abuse included: insisting that Myisha
wear short shorts without any underwear underneath. At one point
he put cream on his hand and said, "If I get fresh, just slap
me." He massaged her legs in a creepy sensuous manner while
leering at her private area. On another occasion he ordered her
to take off her shirt entirely When Myisha, feeling embarrassed
crossed her arms over her breast, Dr. Atkinson chided her for
being so shy. Dr. Atkinson then massaged her dropping his hand
down to brush her breasts. On her last visit, Dr. Atkinson in a
very salacious and obvious manner pulled Myisha's breasts from
her bra and began to cup and fondle her breast.
Ms. Kee who was working at Fed Ex, where she was injured and was
sent to treatment by her attorney to Dr. Atkinson. She began
treatment at the very end of December 2016 or the beginning of
January 2017 and continued treatment until late November 2017.
Myisha is currently going through a divorce, partly as a result
of this abuse. At the time of the abuse, Myisha was living in
Antioch and now lives in Hercules.
Myisha Key confided that " I feel odd saying this as a woman in
my 40's, but Dr. Atkinson had in many ways taken away my
innocence and has made it harder for me to trust all men,
including my husband at the time."
Shalan Hooks is a 46-year-old single Pittsburg African American
woman with two kids who was on disability at the time that she
began treatment with Dr. Atkinson. At the time of the abuse and
now, Ms. Hooks was treated by Dr. Atkinson from April of 2017 to
late June 2017.
"We are here by ourselves today, so if you scream no one
will hear you!"
Dr. Atkinson on numerous occasions gave Shalan creepy, sensuous
massages that included massaging between and on Shalan's breasts.
The doctor also asked Shalan to wear short shorts during
treatment. Atkinson would hug her pressing up against her
breasts. He intentionally entered the room when Shalan was
putting her clothes back on and finally, one day stood behind
her, reached underneath Shalan's bra freed her breast, very much
like with Myisha, and began fondling her breasts, then stopped
and put her breast back in her bra. Eerily, on that day Dr.
Atkinson stated to Shalan, "we are here by ourselves today, so if
you scream no one will hear you!"
Shalan Hooks stated "I can't believe he did this under the guise
of treatment. If I knew it wasn't treatment, I would have stopped
him. But I didn't know what chiropractors do, so I let him abuse
me. I feel humiliated and disgusted and fooled."
Winer, McKenna, Burritt & Tillis are suing Atkinson for
chiropractic negligence, intentional infliction of emotional
distress, sexual battery and sexual harassment. Both plaintiffs
felt that Dr. Atkinson's treatment seemed weird and perverted but
initially thought maybe Dr. Atkinson just had an unusual form of
treatment and neither had been to a chiropractor.
John Winer charges that "In addition to Myisha and Shalan, we
know of at least one other victim who hasn't come forward yet and
have reason to believe there is more."
Winer goes on to say "It is just disgusting the way that Dr.
Atkinson tricked these young women, and no doubt numerous others,
into submitting to sexual abuse and made them feel crazy when
they questioned his conduct."
Having handled many health care provider sexual abuse cases,
including chiropractor cases Mr. Winer has determined that Dr.
Atkinson's conduct was grossly inappropriate and took advantage
of both patients vulnerabilities, not only has patients, but as
plaintiffs in personal injury and worker's comp cases for which
they were dependent on Dr. Atkinson writing helpful reports for
their cases.
"Dr. Atkinson's sexual abuse of Myisha and Shalan is particularly
disturbing because he knew his conduct was illegal, yet he
pretended like everything that he did, including feeling their
breasts was part of normal chiropractic treatment," says Winer.
Winer further states "Myisha and Shalan were particularly
vulnerable to Dr. Atkinson's manipulation and abuse because they
were not only patients in need of his medical care, but also they
were told by their attorney that his testimony and reports would
be critical to their injury cases and Dr. Atkinson knew this. He
probably felt secure that the women wouldn't want to harm their
case by reporting Dr. Atkinson's misconduct.'… .'It is
particularly important in a very hands-on treatment like
chiropractic, that the chiropractor, stays within the appropriate
boundaries of his profession and not touch a patient
inappropriately, because a patient can be easily confused as to
what kind of touching is and isn't appropriate. Even when Myisha
and Shalan came in to see me, they still questioned whether it
was or not suitable for Dr. Atkinson to remove their breasts from
their bra and fondle them. Until I assured them it was never
appropriate, they were concerned that they might have
misinterpreted his intentions."