Ex-Macomb Marine alleges sex abuse by female VA psychiatrist
Man was being treated for PTSD, brain injury
A female psychiatrist at the U.S. Veterans Administration hospital is accused of having a sexual relationship with a male ex-Marine who was being treated by her for PTSD and brain injury due to his combat experience.
U.S. District Judge Gerschwin Drain recently upheld most of the claims by ex-Marine Trey Cholewa of Macomb County against Dr. Jennifer R. Robinson and the federal government for Robinson’s alleged sexual relationship with Cholewa, who was Robinson’s patient, in 2017 at the John D. Dingell VA Medical Center in Detroit.
“Cholewa is a war hero who bravely fought for his country, and in return Robinson and the U.S. government sexually abused him for years,” said Cholewa’s attorney, Ven Johnson. “My client was not only denied the psychiatric therapy he needed, but the sexual abuse he received further aggravated his mental health condition from which he was already suffering. We need total accountability under the law, not only to compensate Mr. Cholewa, but to ensure this misconduct never happens again.”
Robinson’s attorney did not return a call seeking comment Monday.
VA officials initially rebuffed Cholewa and his complaints but fired Robinson after they were presented with an audio recording made by Cholewa in which Robinson says she is falling in love with him when he asks why she was kissing and fondling him, Johnson said.
Cholewa served five deployments in the Middle East, three of which he served in active combat, Johnson said. In 2015, Cholewa was medically discharged with a 100% disability rating for physical and mental trauma, and returned home to his family.
In October 2015, Cholewa began treatment with Robinson, who began and gradually increased making sexually provocative comments toward Cholewa “during psychological counseling sessions, under the guise of therapy or treatment.” By March 2017, the verbal harassment escalated into a physical relationship that included kissing and fondling, according to the lawsuit.
“Between March 2017 and August 2017, … Robinson gradually persuaded plaintiff Trey Cholewa that it would be appropriate to his therapeutic needs for him to come to her office at the John D. Dingell VA Medical Center whenever he felt that his emotional state was becoming overwhelming, so that she could provide further ‘therapy’ to him as a calming measure. Such drop-in meetings between patient and psychiatrist are not within acceptable protocols” of the VA Center, the lawsuit says.
“Robinson actively attempted to hide her misconduct by placing her trash can outside her office so the janitor would not interrupt them and having Plaintiff come straight to her office for his appointments without checking in at the front desk,” Cholewa testified in his deposition, according to the complaint.
Robinson, who was married, failed to record the extra-curricular visits that amounted to about twice per week whereas he was scheduled to meet with her once per month, the lawsuit says. She documented 21 visits, documents state.
Every of the 10 to 20 visits during those four to five months resulted in sexual conduct, the lawsuit alleges.
By August 2017, Robinson was “informing him that she had developed personal affection for him and wished to advance their relationship to a deeper level of romantic connection” and one time suggested he attend a conference with her in Boston so they could be alone, the complaint says.
She did not indicate she was leaving her husband but indicated she would move closer to Cholewa so she in hopes of seeing him outside of the VA, court documents say.
In June 2018, while he was at the VA, Robinson “again expressed romantic interest in him, an advance that made him feel agitated and anxious,” the lawsuit says.
Cholewa filed for divorce from his wife in January 2018, his wife countersued, and the divorce was finalized in October 2018, according to court documents. Cholewa admitted he was having an affair with a third woman. However, Cholewa and his wife subsequently reconciled and got engaged again, records say.
In June 2018, Cholewa stopped seeing Robinson, who also operated an office in Bloomfield Hills. At that time, he began treatment with an outside psychologist and revealed alleged sexual harassment by Robinson to his new therapist, documents say.
He also revealed the alleged harassment to a third doctor during a psychological and neuro-psychological evaluation.
A status conference in the court case is scheduled for April 20.
Johnson said he is disappointed with the federal government’s response to the allegations, saying he doesn’t expect a settlement but acknowledged “that is always a possibility.”
“I find it extremely sad that after all that Trey gave to our country, the U.S. government thanks him by trying to walk away from its responsibility to step up and pay for the abuse perpetrated by its employee, Robinson,” Johnson said. “Instead, both Robinson and the U.S. engage in litigation strategy and tactics to deny, delay and defend. Trey deserves better than this.”
Johnson also questioned why Robinson wasn’t charged with a criminal offense, adding he would like to see her lose her license to practice.
Cholewa filed a notice of intent to file in November 2018 and filed the lawsuit in July 2019.
It alleges three counts: medical malpractice and negligence and medical battery. Cholewa seeks damages of $5 million each on the medical malpractice and medical battery counts, the complaint says.