CHARLESTON – A patient claims she was groped and sexually harassed by a Dunbar chiropractor.
The plaintiff, identified only as C.S., filed her complaint January 30 in Kanawha Circuit Court against Dr. Kevin Osborne and Russell Jones D.C. Chiropractic Corporation doing business as Smith & Jones Chiropractic.
According to the complaint, C.S. was a patient of Osborne’s from July 2022 to August 2022, sometimes being treated multiple times a week for back pain.
She says Osborne kissed her on the lips during a June 2022 appointment. Despite initially rejecting his advances, she says Osborne continued to pressure her into a physical relationship while using his position to influence her.
C.S. claims Osborne requested explicit photographs and inappropriate sexual conduct, offering to waive her co-pay for her to visit him and “see the new outfit he wore for her.”
“Immediately after defendant Osborne offered to waive plaintiff’s co-pay, he texted her, ‘also doctor’s orders – send me something HOT AF,’” the complaint states. “Then, defendant Osborne texted plaintiff about whether she wanted him to perform oral sex on her at the appointment that day. Dr. Osborne then texted plaintiff, ‘OR I can pull my (censored) out and you can suck it … lol.’”
C.S. says the inappropriate conduct continued through August 2022. She says he made her touch him inappropriately at an appointment, send him explicit photographs and waived her co-pay for her to visit. She says Osborne had sex with her during an August 3, 2022, appointment after specifically requesting it.
In addition to the harassment, C.S. says an employee of Smith & Jones Chiropractic violated her privacy and HIPPA rights by sending a video of her patient profile to someone who had no legal reason or authority to view it.
C.S. accuses the defendants of breach of standard of care, breach of statutory duties and standards, negligence, negligent supervision, negligent training, negligent retention, invasion of privacy, breach of confidentiality, breach of fiduciary duty and prima facie negligence.
She claims she has been damaged physically, emotionally and financially. She seeks joint and several compensatory damages, punitive damages, exemplary damages, curative damages and other relief.
C.S. is being represented by Paul E. Stroebel of Stroebel & Stroebel in Charleston. The case has been assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number 24-C-81
