Former Rothman surgeon and then-Jefferson medical resident settle case involving sexual assault allegations

A former Rothman Orthopaedic Institute surgeon and a former medical resident at Thomas Jefferson University settled their civil court case over sexual assault allegations Wednesday midway through a trial.

Lawyers for John Abraham, an orthopedic oncology surgeon, and Jessica Phillips, a medical resident at the time of the alleged assault, declined to divulge details of the agreement. Neither side received monetary damages, according to sources involved in the case.

» READ MORE: The quiet handling of rape allegations at two Philly health institutions

Abraham, 48, sued Phillips and her husband for libel, slander, fraud, and other claims after Phillips alleged that Abraham had raped her after a June 2018 pool party, which he hosted at his Main Line home for Jefferson’s orthopedic surgery residents and operating room staff. Abraham said he was forced into sex and himself a victim.

Phillips, 34, now an orthopedic surgeon on the West Coast, countersued for assault, battery, and emotional distress. Montgomery County authorities closed the criminal case in late 2018 without any charges against Abraham.

“We’re thrilled that Dr. Abraham was able to testify and present even just a fraction of the evidence that has thus far been ignored or overlooked by many,” said Abraham’s lawyer, Lane Jubb Jr., in a statement. “Dr. Abraham is happy for everyone involved that this ended when and in the way it did.”

The settlement came ahead of Jessica Phillips’ scheduled testimony on what would have been the third day of the trial in a Philadelphia Common Pleas courtroom. Instead, at just after 10 a.m., Judge Ann Butchart dismissed the 12-member jury, made up of four men and eight women.

“While our clients were looking forward to testifying and presenting the evidence to the jury, they are very happy that the parties could reach a mutually amicable resolution of this matter,” said Stewart Ryan, the lawyer for Jessica and her husband, Reid Phillips, in a statement Wednesday.

Testimony presented during the abbreviated trial largely centered on Abraham’s claims against Phillips, with his side expected to rest its case on Wednesday.

Abraham took the stand Monday, at times crying as he told jurors about the fallout of her allegations. He lost his job at Jefferson and, ultimately, at Rothman, he said.

The settlement between Abraham and Phillips has no bearing on Abraham’s employment at either institution, which are financially and academically tied. Doctors at Rothman, which bills itself as the nation’s largest private orthopedic practice, train Jefferson’s medical residents. In addition, several of Rothman’s top doctors hold leadership roles at Jefferson, a nonprofit that runs 18 hospitals in the Philadelphia region.

Some of the testimony focused on Jefferson’s sexual misconduct investigation under Title IX, a federal law that prohibits sex-based discrimination at any university that receives federal funds.

In late June 2018, the university launched the inquiry after Phillips alleged that she was too drunk to consent to sex with Abraham. She said she awoke in Abraham’s bed the following morning disoriented, in pain, and covered in bruises.

Abrahams said in his testimony that Phillips forced him into sex in the early-morning hours after the party, and that he was also too drunk to consent.

Jefferson and Rothman were not defendants in the civil lawsuit between Abraham and Phillips, but the case highlighted how the institutions handled the sexual assault allegations.

In an article published Monday, The Inquirer detailed how leadership at Rothman and Jefferson quietly took steps to limit each institution’s liability, resulting in claims by both Phillips and Abraham that they were treated unfairly. Jefferson and Rothman declined to comment on The Inquirer’s reporting, citing pending litigation.

Abraham has a separate, ongoing civil rights lawsuit against Jefferson in federal court. In that suit, Abraham says the university failed to investigate his claim that Phillips sexually assaulted him and conducted an unfair, gender-biased investigation. Jefferson has denied his assertion.

The Inquirer article revealed that Jefferson’s and Rothman’s leadership brokered a deal that avoided a sexual misconduct hearing and ultimately closed the Title IX investigation.

Jefferson closed its sexual misconduct investigation — without consulting Phillips — after Abraham agreed to voluntarily relinquish his roles as a professor and supervising physician at Jefferson. In exchange for Abraham’s departure, Rothman’s leadership allowed him to retain his partnership and work at a New Jersey hospital not affiliated with Jefferson, The Inquirer found.

Subsequently, Rothman fired Abraham last year for allegedly failing to bring in $1.3 million in annual revenue as part of his partnership agreement. Abraham has a separate pending legal action against Rothman, claiming in a court filing that Rothman’s leadership orchestrated a plan to starve him of patients and cook the financial books after he refused to drop his federal lawsuit against Jefferson.

Rothman, in a court filing, disputes Abraham’s claims.

Jefferson had fought for two years to keep private its Title IX investigative report, which Abraham and Phillips each sought in their Common Pleas case.

Days before the trial’s start, after the Pennsylvania Supreme Court rejected the institution’s request to appeal a Superior Court ruling, Jefferson provided copies to Abraham and Phillips.

On Tuesday, one of Abraham’s lawyers, Andrew Marth, questioned Jefferson’s then-Title IX coordinator, Zoe Gingold.

Marth pointed out that Jefferson’s report noted Phillips’ flirtatious interactions with other guests.

Under questioning from Marth, Gingold said such behavior could be considered sexual harassment under the university’s policy. She acknowledged that the university didn’t investigate those claims against Phillips. However, Phillips’ lawyer countered that no one at the party initiated a complaint against Phillips.

Jefferson completed its investigation without getting Abraham’s side of events, Marth said in court.

“You only had one side of the story, right?” Marth said, questioning Gingold.

Jefferson, in its court filings, has said that the university handled the case fairly and took into consideration that Abraham was a professor and Phillips was a medical resident.