Lawsuit against Withers to be refiled with added defendants

Lawsuit against Withers to be refiled with added defendants

Byline: C.G. Wallace
Published: 10/22/96

The lawsuit against retired Dr. LaVar Withers has been dismissed, and a new lawsuit naming more defendants and alleging negligence will be filed in its place, according to Bingham County court records.
In addition, the lawyer for the plaintiffs will also file a petition with the State Board of Medicine for a review of the claims of negligence.
The motion to dismiss the current lawsuit was filed last Tuesday by plaintiffs' attorney Dan Hawkley, according to Bingham County Court records. Hawkley also served as special prosecutor in the criminal case against Withers.
Although efforts to reach Hawkley today were unsuccessful, he has said he is seeking to add names to the suit such as doctors who knew of Withers' reputation and the clinic where Withers worked.
The lawsuit was filed by five women who claim that Withers fondled their breasts, and in one case, raped one of them, during routine doctor's visits. However, additional plaintiffs can be added to the civil suit, and more than 100 women have come forward with claims that the doctor fondled them.
The suit seeks damages of up to $25,000 per plaintiff.
Withers was sentenced to 30 days in jail, which he has already completed, and 10 hours a week of community service for his two years of supervised probation. He pleaded guilty to a single count of battery for unlawfully touching numerous medical patients. The single count spans 30 years of his medical career.
The sentence also included 30 days of jail time at the court's discretion. Fremont Magistrate Keith Walker said he has no plans to impose the additional jail time and that discretionary time is meant so that the court can put the defendant back in jail without first conducting additional court hearings. As an example, he said someone convicted of drunken driving with a discretionary sentence can be put behind bars if the judge hears the man has been drinking again.
The other lawsuit was filed by Utah resident Katherine Proctor against Madison Memorial Hospital. She claims that Withers fondled her breasts and massaged between her legs when she was admitted to Madison Memorial Hospital for abdominal pains in March 1995. The suit seeks $254,000 for negligence.