by When he told Forman that wouldn’t be necessary, MA’s mother said in an interview, the mood changed. «He’s a pretty big guy,» she said. «I was intimidated.»
MA’s mother said Forman stood over her daughter and touched the sides of her breasts while talking to the girl about construction sites her daughter had been in, according to the court order. Forman told the 15-year-old that if she was still feeling sick, she could «come over to my house and watch those videos» of the plays together, the mother testified.
MA’s mother said she kept insisting her daughter was okay and asked the doctor to leave, according to the court order.
The mother reported the incident to the Loudoun County Sheriff’s Office, which investigated the alleged incident.
“The LCSO received a complaint about Dr. Forman in March 2017 and a SVU detective investigated it, including interviews with the juvenile complainant and family members,” sheriff’s spokeswoman Michele Bowman said in an email. “The investigation was completed in April 2017 and the complainant was informed that there was insufficient evidence to file criminal charges.”
Police interviewed the mother on March 29, 2017, and according to a case report written by Det. John Miller, police said the mother told them she did not «observe him touch her daughter in a sexual way» and that she never asked the doctor to leave the house. “She said that she was trying to act cool because she was scared that it was only her and her daughters at home,” the report says.
Miller wrote that he told the mother that, based on what she described, nothing criminal had occurred. MA’s mother told NBC News that she specifically told the detective: “Forman put his hands on my daughter’s breasts. That’s what I said in the civil lawsuit as well,” she said.
In a narrative dated April 4, 2017, Det. David Orr wrote that he followed up with MA’s mother and took an additional statement. He wrote that he counseled her on protective order procedures and other safety tips, as well as running a clean criminal check on Forman.
Orr also wrote that he tried to speak to Forman, but his practice attorney said he advised the doctor «not to make a statement until I can consult with a criminal attorney.»
The Reston Pediatrics attorney confirmed to Orr that Forman had discussed the play with MA during the exam and tried to contact MA’s mother the next day to see how her daughter was feeling. When MA’s mother did not respond, Forman «became concerned and responded to the house,» the attorney, whose name is not being identified, said in the police account.
Orr wrote that he tried to contact Forman directly «with negative results.»
The mother took out a protective order against the doctor on March 31, 2017, records show.
NBC News legal analyst Danny Cevallos noted that the bar for getting a protection order is much lower than for charging someone with a crime.
«I’m not surprised that there hasn’t been a prosecution of this,» Cevallos said after reviewing incident reports from investigators. «Reading between the lines, I feel like law enforcement found Mom not very credible. And often in these cases, a whistleblower’s perceived credibility will sink a prosecution before he even begins.»
Still, Forman’s alleged behavior was «bizarre» and it’s also not surprising that a jury awarded MA’s mother a settlement of more than $1 million, Cevallos said.
MA’s mother also filed a complaint against Forman with the state Department of Health Professions, which regulates doctors, Magner said. She received a response on July 20, 2017.
“Based on its review, the Board has concluded that a disciplinary proceeding will not be instituted,” wrote Dr. William Harp, executive director of the Virginia Board of Medicine.
Harp added that a letter was sent to Forman stating that «you may wish to look into some aspects of your practice.»
Asked to explain why the DHP chose not to investigate the allegations against Forman, agency spokeswoman Diane Powers sent an email response that did not directly address the allegations against the pediatrician.
Powers noted in the email that the state Board of Medicine «must have ‘clear and convincing’ evidence to substantiate a violation» and «if a physician is viewed as a ‘substantial danger’ to the public, the Board is authorized to suspend summarily license without first providing a hearing.”
Powers also did not answer whether DHP would investigate Forman now that a second teen accused the doctor of inappropriate behavior.
MA’s parents filed a civil lawsuit against Forman and Reston Pediatrics, and on June 24, 2022, a jury found Forman liable for assault and awarded the plaintiff $1.5 million, records show. Circuit Court Judge James P. Fisher reduced the award to $1.3 million on January 23 and dismissed the defendants’ appeal.
A second accusation
Forman and Reston Pediatrics were sued again last month, according to Magner, who represents the second teen, a high school senior, who said the doctor «felt the sides of her breasts while pretending to check the lymph nodes in her armpits.» » during an office. she visits in February for a sports physical, according to the complaint.
