Day Surgery Center was also named as a defendant in the suit.
On Oct. 16, 2015, J.L. presented to Day Surgery Center for an esophagogastroduodenoscopy procedure to be performed by Matulis and assisted by other personnel of Charleston Gastroenterology and Day Surgery Center.
J.L. claims she was administered an anesthetic and was rendered unconscious. She claims without her knowledge or consent, Matulis placed his hands on her or inside her hospital gown and pulled away her hospital gown for the purpose of ogling and/or fondling her breasts.
Matulis made a comment to agents, servants and employees of Charleston and/or Day prior to pulling away her hospital gown, indicating the lascivious and wrongful purpose for removing her hospital gown and the defendants’ agents did not intervene to stop the assault, although they had a duty to do so under the circumstances, according to the suit.
J.L. claims the sexual assault was witnessed by one or more agents, servants or employees of Charleston and Day.
Matulis’ actions were against J.L.’s will and without her consent, according to the suit. Matulis had sexually assaulted others with the knowledge of the agents, servants and employees of Charleston and Day.
J.L. claims after Matulis’ actions against other patients came to life, the defendants did not advise her of her sexual assault and she only discovered it after she was contacted by law enforcement.
Matulis deviated from the standard of medical care and the other defendants breached their standards of care owed to J.L., according to the suit.
J.L. claims she suffered an assault and battery to her body and suffered emotional pain and suffering of a temporary and permanent degree.
The defendants’ actions caused J.L. damages and a loss of enjoyment of life, according to the suit.
The case is assigned to Circuit Judge Jennifer Bailey.
J.L. is seeking compensatory and punitive damages. She is being represented by Marvin W. Masters of the Masters Law Firm LC.
Earlier this year, a class action lawsuit was filed against Charleston Gastroenterology and Matulis, alleging sexual assault on unconscious women during colonoscopies.
Day Surgery Limited Liability Company was also named as a defendant in the class action lawsuit
In that lawsuit, the plaintiff, known only as Jane Doe, alleged that during a colonoscopy, she was sexually assaulted by Matulis. P. Rodney Jackson of the Law Offices of P. Rodney Jackson represents the class in the class action lawsuit along with Stuart Calwell of the Calwell Practice. Jackson previously said they are expecting the class to be in the hundreds.
Kanawha Circuit Court case number: 16-C-1738