FILED: NEW YORK COUNTY CLERK 08/11/2021 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 951196/2021
`
`RECEIVED NYSCEF: 08/11/2021
`
`SUPREME COURT OF NEW YORK
`COUNTY OF NEW YORK
`
`
`
`B.L.,
`
`
`
`
`
`-against-
`
`Plaintiff,
`
`
`
`Index No.:__________
`
`Date Index No. Purchased:__________
`
`Plaintiff designates as the place of trial:
`
`COUNTY OF NEW YORK
`
`ROCKEFELLER UNIVERSITY, a/k/a
`The basis of venue is:
`ROCKEFELLER UNIVERSITY
`Defendant resides in this county, and a
`HOSPITAL, f/k/a HOSPITAL OF THE
`substantial part of the events giving rise to
`ROCKEFELLER INSTITUTE,
`the claim occurred in this county
`
`
`
`Defendant.
`
`SUMMONS
`
`To the above-named Defendant(s):
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`BY: /s/ Moshe Horn
`Moshe Horn
`Attorneys for Plaintiff
`2095 Broadway, Suite 411
`New York, New York 10023
`T: (212) 514-5437
`F: (212) 757-7042
`mhorn@ghvlaw.com
`
`
`
`
`
`
`
`
`DEFENDANT ADDRESS:
`ROCKEFELLER UNIVERSITY, a/k/a ROCKEFELLER UNIVERSITY HOSPITAL, f/k/a HOSPITAL
`OF THE ROCKEFELLER INSTITUTE
`1230 YORK AVENUE, NEW YORK, NEW YORK 10065
`
`
`
`
`
`1 of 28
`
`You are hereby summoned to answer the Complaint in this action and to serve a copy of
`your Answer, or, if the Complaint is not served with this Summons, to serve a Notice of
`Appearance, on the Plaintiff’s Attorney(s) within twenty (20) days after the service of this Summons,
`exclusive of the day of service (or within 30 days after the service is complete if this Summons is
`not personally delivered to you within the State of New York); and in case of your failure to
`Appear or Answer, Judgment will be taken against you by default for the relief demanded in the
`Complaint.
`
`Dated: 08/11/2021
`New York, New York
`
`
`
`
`
`
`
`
`
`
`
`
`GITLIN HORN AND VAN DE KIEFT
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`
`FILED: NEW YORK COUNTY CLERK 08/11/2021 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 951196/2021
`
`RECEIVED NYSCEF: 08/11/2021
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`-----------------------------------------------------------------------x
`
`
`
`
`
`
`
`
`
`B.L.,
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Index No.________
`
`COMPLAINT
`
`ROCKEFELLER UNIVERSITY, a/k/a ROCKEFELLER
`UNIVERSITY HOSPITAL, f/k/a HOSPITAL OF THE
`ROCKEFELLER INSTITUTE,
`
`
`
`
`
`
`
`
`
`Defendant.
`
`-----------------------------------------------------------------------x
`
`Plaintiff, by and through his attorneys, Gitlin, Horn and Van de Kieft LLP, respectfully
`
`
`
`alleges the following:
`
`I.
`
`
`PRELIMINARY STATEMENT
`
`1.
`
`Rockefeller University (“Rockefeller”), a world-renowned medical research
`
`institution, knew and should have known for decades that one of its leading doctors, Reginald
`
`MacGregor Archibald (“Archibald”), was sexually abusing minor patients under the guise of a
`
`child growth study.
`
`2.
`
`Indeed, Rockefeller conceded in a recently released investigatory report that
`
`Archibald, while purportedly offering patients cutting edge medical care and treatment, engaged
`
`in a “pervasive” and “widespread pattern of misconduct and sexually abused many children at
`
`the Hospital….” Report on the Investigation of Dr. Reginald Archibald (May 23, 2019)
`
`(“Report”), attached as Exhibit A.
`
`3.
`
`Rockefeller also admitted that by 1974, it was aware of numerous patient
`
`complaints against Archibald including a 1960–1961 grand jury investigation of which
`
`
`
`1
`2 of 28
`
`

`

`
`FILED: NEW YORK COUNTY CLERK 08/11/2021 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 951196/2021
`
`RECEIVED NYSCEF: 08/11/2021
`
`Rockefeller’s President was notified, and several additional complaints from 1960 to 1974 to
`
`Rockefeller’s Physician-in-Chief by patients, patient’s family members, and staff about
`
`Archibald’s unnecessary examinations of children’s genitals and other sexual misconduct.
`
`Report, pp. 12-13, 19.
`
`4.
`
`In addition, Rockefeller had information while Archibald was still practicing
`
`which indicated that Archibald “may have been engaged in misconduct and inappropriate and
`
`unnecessarily intrusive examinations of at least some of his patients.” Report, p. 26. Further,
`
`Rockefeller failed to comply with required Institutional Review Board policies and procedures.
`
`5.
`
`Despite these repeated complaints and other warning signs, Rockefeller
`
`knowingly and recklessly discounted and disregarded abuse, concealed abuse, and chose to
`
`protect its reputation, status, and wealth over the children in its custody, care, and control.
`
`Rockefeller permitted Archibald unfettered, unsupervised access to children, failed to warn
`
`children or their parents, and exposed the Plaintiff to unreasonable risk of danger.
`
`6.
`
`The Plaintiff in this lawsuit was a child who were sexually abused because of the
`
`wrongful conduct of both Rockefeller and Archibald.
`
`PROCEEDING IN ACCORDANCE WITH CPLR § 214-G AND 22 NYCRR § 202.72
`
`II.
`
`
`7.
`
`This complaint is filed pursuant to the Child Victims Act (“CVA”), CPLR § 214-
`
`g, and 22 NYCRR § 202.72. The CVA opened a historic one-year, one-time window for victims
`
`and survivors of historic childhood sexual abuse in the State of New York to pursue lapsed claims.
`
`Prior to the passage of the CVA, Plaintiff’s claims against Rockefeller were time-barred the day
`
`they turned 22 years old. The enactment of the CVA allows Plaintiff to pursue restorative
`
`justice in New York State.
`
`
`
`
`
`2
`3 of 28
`
`

`

`
`FILED: NEW YORK COUNTY CLERK 08/11/2021 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 951196/2021
`
`RECEIVED NYSCEF: 08/11/2021
`
`III. THE PARTIES
`
`
`8.
`
`Plaintiff B.L. is an adult male who resides in New York. Plaintiff brings this
`
`complaint using his initials because of the sensitive nature of the allegations of child sexual
`
`abuse in the complaint, which is a matter of the utmost intimacy. Plaintiff fears embarrassment
`
`and further psychological damage if his identity as a victim of child sexual abuse were to
`
`become publicly known. When Plaintiff was a child he was a resident of New York, and he was
`
`a patient of Archibald’s at Rockefeller, where Plaintiff was a victim of a criminal sex act in the
`
`State of New York.
`
`9.
`
`Upon information and belief, Defendant Rockefeller, which was formerly known
`
`as The Rockefeller Institute for Medical Research, is a New York not-for-profit education
`
`corporation with its principal place of business in New York, New York.
`
`10.
`
`Upon information and belief, at times Rockefeller conducted business as the
`
`“Rockefeller Institute,” “Rockefeller University,” or “Rockefeller University Hospital”
`
`(collectively “Rockefeller”).
`
`11.
`
`Upon information and belief, at all relevant times, Rockefeller employed
`
`Archibald as a professor and physician.
`
`12.
`
`To the extent that Rockefeller was or became a corporation on or after January 1,
`
`1940, such entity, corporation, or organization is hereby on notice that it is intended to be a
`
`defendant in this lawsuit.
`
`13.
`
`To the extent Rockefeller is a successor to a different entity, corporation, or
`
`organization which existed on or after January 1, 1940, such predecessor entity, corporation, or
`
`organization is hereby on notice that it is intended to be a defendant in this lawsuit.
`
`14.
`
`All such entities, corporations, and/or organizations are collectively referred to
`
`
`
`3
`4 of 28
`
`

`

`
`FILED: NEW YORK COUNTY CLERK 08/11/2021 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 951196/2021
`
`RECEIVED NYSCEF: 08/11/2021
`
`herein as “Rockefeller.”
`
`IV. VENUE
`
`
`15.
`
`Venue is proper because Rockefeller is a domestic corporation authorized
`
`to transact business in New York with its principal office located in New York, New York.
`
`Venue is also proper because New York is the county in which a substantial part of the events or
`
`omissions giving rise to Plaintiff’s claim occurred.
`
`V.
`
`
`FACTS
`
`16.
`
`For over a century, Rockefeller has been the leading biomedical research
`
`institution in the United States, engaging in scientific inquiry, analysis, and research.
`
`17.
`
`One essential component of Rockefeller, The Rockefeller University Hospital,
`
`has served as a center for clinical research which does not charge for medical or hospital
`
`services.
`
`18.
`
`Twenty-five Nobel laureates have affiliated with the University over the years,
`
`four of whom are current faculty members.
`
`19.
`
`Upon information and belief, in the years following January 1, 1940, Rockefeller
`
`received hundreds of millions of dollars from federal, state, and local governments, including
`
`the National Institute of Health, as well as from private donors and foundations like the
`
`Rockefeller Foundation and the Sackler family foundations.
`
`20.
`
`For approximately 40 years, from the 1940s to the 1980s, Archibald was
`
`employed at Rockefeller as a prominent and esteemed professor and physician engaged in a
`
`long-running child growth study and providing free medical care to children.
`
`21.
`
`Upon information and belief, Archibald examined approximately 9,000 children
`
`at Rockefeller.
`
`
`
`4
`5 of 28
`
`

`

`
`FILED: NEW YORK COUNTY CLERK 08/11/2021 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 951196/2021
`
`RECEIVED NYSCEF: 08/11/2021
`
`22. When Archibald retired, Rockefeller bestowed on him the honor of “physician
`
`emeritus” and continued his hospital privileges.
`
`23.
`
`As Rockefeller recently admitted, Archibald spent much of his time at
`
`Rockefeller not conducting a purported childhood growth research study or providing legitimate
`
`medical treatment, but instead grossly, extensively, and repeatedly sexually abusing the child
`
`patients entrusted to his care. See Report, pp. 1-2, 26.
`
`24. Working alone at Rockefeller, often behind locked doors, Archibald sexually
`
`abused thousands of children.
`
`25.
`
`Archibald instructed young patients to undress, insisted that they remain naked
`
`throughout the “examinations,” fondled them, played with, pulled and measured their genitals,
`
`(flaccid and erect), masturbated them, asked them to masturbate themselves while he watched,
`
`took semen samples from them, instructed them to perform sex acts, placed some of them on
`
`his lap, engaged in sex acts with many of them, and otherwise sexually assaulted and abused his
`
`child patients.
`
`26.
`
`Archibald also spent lengthy periods of time taking naked photos of almost all of
`
`his child patients over many years for no legitimate medical reason.
`
`27.
`
`Using Rockefeller’s equipment, Archibald took sexually explicit images, such as
`
`close-ups of boy patients’ flaccid and erect penises, and of girl patients with their legs spread
`
`wide.
`
`28.
`
`Upon information and belief, employees of Rockefeller knew that Archibald was
`
`taking pictures of naked children, flaccid penises, erect penises, and vaginas.
`
`29.
`
`Kinsey Institute has long acknowledged that it maintains a large repository of
`
`sex- based research including images featuring children engaging in sexual acts and sexual
`
`
`
`5
`6 of 28
`
`

`

`
`FILED: NEW YORK COUNTY CLERK 08/11/2021 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 951196/2021
`
`RECEIVED NYSCEF: 08/11/2021
`
`posing.
`
`30.
`
`Archibald engaged in all of these sexually predatory practices at Rockefeller
`
`under the guise of medical research and provision of free “medical” treatment without explaining
`
`the sexual and intrusive nature of the “research” or “treatment” or obtaining informed consent
`
`from his patients.
`
`A.
`
`The Extensive, High-Level Notice to Rockefeller and Its Disregard or
`Cover- up of Archibald’s Sex Abuse of His Child Patients
`
`
`
`31.
`
`As detailed in the Report and explained below, years before the Plaintiff was
`
`abused, Rockefeller’s senior management knew or should have known that Archibald had
`
`sexually abused and continued to sexually abuse many of their child patients.
`
`32.
`
`In or about 1960, two former patients of Archibald complained to the New York
`
`District Attorney about Archibald’s misconduct at Rockefeller. Report, pp. 12-13.
`
`33.
`
`In response to these complaints, a grand jury issued a subpoena to Rockefeller for
`
`the medical records of those two patients and then presented the matter to the grand jury.
`
`Report, pp. 12-13.
`
`34.
`
`Although an indictment was apparently not returned, Rockefeller’s then-
`
`President was familiar with the serious allegations and the criminal investigation. Report, pp.
`
`12-13.
`
`35.
`
`Upon
`
`information and belief, despite Rockefeller senior management’s
`
`knowledge of these serious allegations, Rockefeller took little or no action to investigate
`
`Archibald’s activities and failed to put in place any measures to protect its child patients.
`
`36.
`
`From 1960 to 1974, Rockefeller’s Physician-in-Chief received several complaints
`
`from patients, family members, and staff about Archibald’s examination of their child patient’s
`
`genitals. Report, p. 13.
`
`
`
`6
`7 of 28
`
`

`

`
`FILED: NEW YORK COUNTY CLERK 08/11/2021 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 951196/2021
`
`RECEIVED NYSCEF: 08/11/2021
`
`37.
`
`That Physician-in-Chief viewed Archibald’s taking genital measurements as a
`
`“questionable” medical practice. Report, p. 13.
`
`38.
`
`Archibald, when confronted with these allegations, “became difficult” and “less
`
`communicative.” Report, p. 13.
`
`39.
`
`Upon information and belief, despite the numerous complaints to Rockefeller’s
`
`Physician-in-Chief, and Archibald’s evasive responses to questioning, Rockefeller took little or
`
`no action to investigate Archibald’s activities and failed to put in place measures to protect its
`
`child patients.
`
`40.
`
`During the decades of Archibald’s employment at Rockefeller, there were “warning
`
`signs” and “information available [to Rockefeller] and [Rockefeller] management” that
`
`“suggest[ed] that Archibald may have been engaged in misconduct and inappropriate and
`
`unnecessarily intrusive examinations of at least some of his patients.” Report, p. 26.
`
`41.
`
`Upon information and belief, Rockefeller disregarded these warning signs and
`
`information, taking little or no action to investigate Archibald’s activities and failed to put in
`
`place measures to protect its young, vulnerable child patients.
`
`42.
`
`If Rockefeller’s former patients had been informed of any of the complaints against
`
`Archibald at any time before 2007 when Archibald died, they would have at least had an
`
`opportunity to confront their abuser in law and in fact.
`
`43.
`
`By concealing Archibald’s abuse and delaying a full accounting, Rockefeller
`
`benefitted as evidence grew stale and victims died. See Report, pp. 2, 4, 14, 16 n.18.
`
`44.
`
`Upon information and belief, at no time did Rockefeller notify the U.S.
`
`Attorney’s Office for the Southern District of New York regarding the production and perhaps
`
`distribution of child pornography by its agent on its premises.
`
`
`
`7
`8 of 28
`
`

`

`
`FILED: NEW YORK COUNTY CLERK 08/11/2021 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 951196/2021
`
`RECEIVED NYSCEF: 08/11/2021
`
`B.
`
`Rockefeller’s Failure
`Requirements
`
`
`
`to Comply with Institutional Review Board
`
`45.
`
`In 1966, the Public Health Service issued a new policy for medical research
`
`studies sponsored by the National Institute of Health (“NIH”) requiring the independent review of
`
`research by a committee of the investigator’s “institutional associates.” Such policies applied to
`
`medical research conducted by Archibald and Rockefeller, which received significant funding
`
`and sponsorship by the NIH.
`
`46.
`
`In 1971, the then-Department of Health, Education and Welfare (“DHEW”)
`
`developed more detailed guidance for review committees in a publication referred to as the
`
`“Yellow Book.”
`
`47.
`
`In 1974, the DHEW enacted regulations codifying the Yellow Book which was
`
`soon followed by the passage of the National Research Act which established the National
`
`Commission for the Protection of Human Subjects of Biomedical and Behavioral Research to
`
`provide ethical and policy analysis regarding human research.
`
`48.
`
`Upon information and belief, RUH failed to comply with these DHEW policies,
`
`directives, and rules by, among other things, failing to subject Archibald’s research and clinical
`
`care to the oversight required by Rockefeller’s Institutional Review Board or its predecessor
`
`entities.
`
`49.
`
`By failing to comply with these requirements, Rockefeller exposed its child
`
`patients to Archibald’s ongoing and continuous sexual abuse.
`
`C.
`The Passage of the Child Victims Act, the Whistleblower, and the
`Debevoise Report Detailing Archibald’s Extensive, Long-Term Sexual
`Abuse of Children on Rockefeller Premises
`
`
`
`50.
`
`For many years, child sex abuse experts, survivors, and child welfare professionals
`
`have assiduously sought to reform restrictive state statutes of limitations, such as those in New
`
`
`
`8
`9 of 28
`
`

`

`
`FILED: NEW YORK COUNTY CLERK 08/11/2021 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 951196/2021
`
`RECEIVED NYSCEF: 08/11/2021
`
`York, applicable to child sex abuse, and to open statutory windows to revive lapsed civil claims.
`
`51.
`
`In 2017, the New York legislature, encouraged by Governor Cuomo, appeared
`
`poised to pass such legislative reform through enactment of what eventually became the “Child
`
`Victims Act.”
`
`52.
`
`Although New York failed to pass the Act that year, by late 2017 it appeared
`
`increasingly likely that such a proposed change would soon become law.
`
`53. With such legislative reform looming, New York child-serving institutions faced
`
`the daunting prospect of hundreds of millions of dollars in liability for historic child sexual
`
`abuse.
`
`54.
`
`In early 2018, a victim contacted Rockefeller, informing them of the abuse he and
`
`others suffered at the hands of Archibald.
`
`55.
`
`On September 26, 2018 (the “September Letter”) Rockefeller sent a letter to
`
`thousands of its former child patients, requesting information about their experience with
`
`Archibald.
`
`56.
`
`In a public statement posted on its website on October 5, 2018, Rockefeller
`
`publicly acknowledged for the first time that Dr. Archibald had “engaged in certain
`
`inappropriate conduct during patient examinations” and “deeply regret[ed] pain and suffering
`
`caused to any of Dr. Archibald’s former patients.”
`
`57.
`
`On October 18, 2018, Rockefeller issued a statement saying that it was
`
`“appalled” to hear of Archibald’s “sexual misconduct” and “reprehensible behavior” and
`
`“deeply regret[ed]” the pain and suffering inflicted on his victims.
`
`58.
`
`On November 9, 2019, Rockefeller issued another letter to victims declaring,
`
`“[w]e profoundly apologize to those patients who experienced pain and suffering as a result of
`
`
`
`9
`10 of 28
`
`

`

`
`FILED: NEW YORK COUNTY CLERK 08/11/2021 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 951196/2021
`
`RECEIVED NYSCEF: 08/11/2021
`
`Dr. Archibald’s reprehensible conduct.”
`
`59.
`
`In January 2019, the New York State legislature passed the Child Victims Act,
`
`which Governor Cuomo signed into law in February, enacting landmark statute of limitations
`
`reform for child sex abuse victims and opening a one-year one-time window reviving lapsed
`
`claims beginning on August 14, 2019.
`
`60.
`
`On May 23, 2019, Debevoise issued its Report detailing “widespread” and
`
`“pervasive” sexual abuse by Archibald at Rockefeller. After interviewing approximately 900
`
`people, Debevoise concluded:
`
`Based upon all of the information collected, it is clear that
`Archibald, taking advantage of his position as a trusted and
`respected physician and researcher, engaged in a widespread
`pattern of misconduct and sexually abused many children at the
`Hospital over the course of many years while offering patients
`medical care and treatment.
`
`
`
`***
`
`It is clear that Dr. Reginald Archibald engaged in acts of sexual
`misconduct and sexual abuse towards many of his pediatric
`patients while employed at RUH... The volume of patients who
`have now come forward with accounts of being subject to sexual
`misconduct and abuse by Archibald also shows that his
`misconduct was pervasive.
`
`
`
`
`
`Report, pp. 2, 25-26.
`
`61.
`
`The Report detailed many of the same types of abuse suffered by Plaintiff. For
`
`example, the Report acknowledged Archibald’s collection of semen which appeared nowhere in
`
`Archibald’s protocols, consent forms, or medical records. The Report concluded that these
`
`activities constituted sexual abuse and not legitimate research or treatment.
`
`Many male former patients … reported that Archibald took
`semen samples from them during some visits. He did so by
`having them masturbate while he was present or by physically
`manipulating them to ejaculation. Although he denied it, it is
`
`
`
`10
`11 of 28
`
`

`

`
`FILED: NEW YORK COUNTY CLERK 08/11/2021 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 951196/2021
`
`RECEIVED NYSCEF: 08/11/2021
`
`clear that Archibald frequently took semen samples and did so
`without sufficient medical or research justification. While such a
`procedure could have had legitimate medical or research purposes
`to assess sexual maturity or function, the evidence shows here,
`and we find, that Archibald’s taking of semen samples
`constituted sexual abuse rather than a legitimate medical or
`research procedure.
`
`Report, p. 9. As the Report explained, “[i]f the taking of semen samples was legitimate, we
`
`would expect the procedure to be documented….” Report, p. 9.
`
`62.
`
`63.
`
`Upon information and belief, Archibald was conducting research on semen.
`
`Archibald’s experiments are similar to Dr. Alfred Kinsey’s reported “Early
`
`Sexual Growth and Activity” experiments in Sexual Behavior in the Human Male (1948).
`
`64.
`
`At all relevant times, Rockefeller, its board of trustees, agents, servants, and
`
`employees managed, maintained, operated, and controlled Rockefeller, and held out to the
`
`public its agents, servants and employees as those who managed, maintained, operated and
`
`controlled Rockefeller.
`
`65.
`
`Upon information and belief, at all relevant times outlined in this complaint,
`
`Rockefeller materially benefited from the operation and services of Archibald and the services
`
`of those who managed and supervised him.
`
`66.
`
`Upon information and belief, at all relevant times outlined in this complaint,
`
`Archibald was on the staff of, acted as an agent of, and served as an employee of Rockefeller.
`
`67.
`
`Upon information and belief, at all relevant times outlined in this complaint,
`
`Archibald was acting in the course and scope of his employment with Rockefeller.
`
`68.
`
`Upon information and belief, at all relevant times outlined in this complaint,
`
`Archibald had or used an office or examination room on the premises of Rockefeller.
`
`69.
`
`Upon information and belief, at all relevant times outlined in this complaint,
`
`Rockefeller was responsible for the hiring and staffing, did the hiring and staffing and was
`
`
`
`11
`12 of 28
`
`

`

`
`FILED: NEW YORK COUNTY CLERK 08/11/2021 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 951196/2021
`
`RECEIVED NYSCEF: 08/11/2021
`
`responsible for and did the recruitment and staffing or its volunteers, at and for Rockefeller.
`
`70.
`
`At all relevant times outlined in this complaint, Plaintiff and his parents
`
`reasonably relied upon the acts and representations of Rockefeller, their agents, servants, and
`
`employees, and reasonably believed that Archibald was an agent and/or employee of defendant
`
`and had been vetted by and was supervised by Rockefeller.
`
`71.
`
`At all relevant times outlined in this complaint, Plaintiff and his parents trusted
`
`Archibald because Rockefeller held Archibald out as someone as a highly respected Doctor and
`
`medical researcher, who was safe, and could be trusted with the care, custody, and control of
`
`Plaintiff.
`
`72.
`
`Based on the representations of Rockefeller that Archibald was safe and
`
`trustworthy, Plaintiff and his parents allowed Plaintiff to be in the care, custody, and control of
`
`Rockefeller, including the times when Plaintiff was sexually abused by Archibald.
`
`73.
`
`Neither Plaintiff nor his parents would have allowed Plaintiff to be in the care,
`
`custody, or control of Rockefeller or Archibald if Rockefeller had disclosed to Plaintiff or his
`
`parents that Archibald was not safe and was not trustworthy, and that he in fact posed a danger
`
`to Plaintiff in that Archibald was likely to sexually abuse Plaintiff.
`
`74.
`
`Archibald used his position at Rockefeller to gain the Plaintiff’s trust and to
`
`obtain control over him as part of his plan to sexually abuse and exploit him.
`
`75.
`
`Archibald used his position of trust and authority at Rockefeller to sexually abuse
`
`and exploit the Plaintiff multiple times using Rockefeller’s instrumentalities while Plaintiff was in
`
`the care, custody, or control of Rockefeller on Rockefeller’s premises.
`
`76.
`
`At all relevant times, Defendant, its agents, servants, and employees, knew or
`
`should have known that Archibald was sexually abusing and exploiting children.
`
`
`
`12
`13 of 28
`
`

`

`
`FILED: NEW YORK COUNTY CLERK 08/11/2021 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 951196/2021
`
`RECEIVED NYSCEF: 08/11/2021
`
`77.
`
`Upon information and belief, at all relevant times outlined in this complaint,
`
`Defendant, its agents, servants, and employees knew or should have known that Archibald’s
`
`sexual abuse and exploitation was ongoing.
`
`78.
`
`Upon information and belief, Defendant, its agents, servants, and employees
`
`knew or should have known before and during Archibald’s sexual abuse and exploitation of
`
`Plaintiff that he used his position at Rockefeller to groom and to sexually abuse children.
`
`VI.
`
`
`STATEMENT OF FACTS AS TO PLAINTIFF
`
`79.
`
`At all relevant times outlined in this complaint, Plaintiff was a minor child and
`
`a patient of Archibald’s at Rockefeller.
`
`80.
`
`Archibald induced Plaintiff to become Archibald’s patient and visit Rockefeller
`
`under the guise of performing a growth study for and/or delivering free medical treatment to him.
`
`81.
`
`Plaintiff visited Archibald at Rockefeller from approximately 1965 to 1968 when
`
`he was approximately 11 or 12 years old.
`
`
`
`82.
`
`83.
`
`During Plaintiff’s visits to Rockefeller, Archibald sexually abused him.
`
`By reason of the wrongful acts of Rockefeller, Plaintiff sustained personal
`
`physical injury and physical sickness, including emotional distress originating from and
`
`attributable to that personal physical injury and physical sickness, including but not limited to,
`
`severe emotional and psychological distress, humiliation, fright, dissociation, anger, depression,
`
`anxiety, family turmoil and loss of faith, a severe shock to his nervous system, physical pain and
`
`mental anguish, obesity, alcohol and substance abuse, difficulty with intimacy, and emotional
`
`and psychological damage, and, upon information and belief, some or all of these injuries are of
`
`a permanent and lasting nature, and Plaintiff has and/or will become obligated to expend sums of
`
`money for medical expenses.
`
`
`
`13
`14 of 28
`
`

`

`
`FILED: NEW YORK COUNTY CLERK 08/11/2021 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 951196/2021
`
`RECEIVED NYSCEF: 08/11/2021
`
`VII. CAUSES OF ACTION
`
`
`FIRST CAUSE OF ACTION
`NEGLIGENCE
`
`
`
`
`
`84.
`
`85.
`
`Plaintiff re-alleges the paragraphs set forth above and below.
`
`During the relevant periods outlined in this complaint, Plaintiff was between the
`
`ages of 1 and 19.
`
`86.
`
`Rockefeller had care, custody, and control of Plaintiff while he was on its
`
`premises where he saw Dr. Archibald.
`
`87.
`
`Rockefeller held itself out as a preeminent medical research institute which
`
`maintained the highest standards and utilized the most recent medical research protocols and
`
`safeguards for human subject research.
`
`88.
`
`Parents reasonably believed that their children would be safe and secure while in
`
`Rockefeller’s care, custody, and control.
`
`89.
`
`Rockefeller approved Archibald’s medical research and provided him with
`
`physician privileges including regular access to and unsupervised one-on-one interaction with
`
`child research subjects, including Plaintiff.
`
`90.
`
`Rockefeller provided Archibald with the examination room, photographic
`
`equipment, and other instrumentalities he used to sexually abuse and exploit Plaintiff.
`
`91.
`
`Rockefeller willingly and knowingly placed Plaintiff and other children in
`
`extremely vulnerable positions vis-a-vis Archibald, allowing him in many instances to examine
`
`his child research subjects in a locked room without a parent, chaperone, second adult, or
`
`anyone else present, and otherwise failed to provide any reasonable oversight and supervision.
`
`92.
`
`These circumstances created a special relationship between Rockefeller and
`
`Plaintiff and imposed on Rockefeller a duty to exercise such care as would a parent of ordinary
`
`
`
`14
`15 of 28
`
`

`

`
`FILED: NEW YORK COUNTY CLERK 08/11/2021 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 951196/2021
`
`RECEIVED NYSCEF: 08/11/2021
`
`prudence in comparable circumstances.
`
`93.
`
`During the relevant periods outlined in this complaint, while Plaintiff was in
`
`Rockefeller’s care, custody, and control, Archibald sexually abused and exploited Plaintiff.
`
`94.
`
`Those acts of sexual abuse and exploitation qualify as one or more of the
`
`predicate crimes grounding the extension or revival of child sexual abuse claims under the Child
`
`Victims Act.
`
`95.
`
`During the relevant period, Rockefeller acted through its board of trustees,
`
`employees, and other agents, and is vicariously liable as a principal for the actions those agents
`
`took within the scope of their employment or other agency authority, whether actual or apparent.
`
`96.
`
`Rockefeller had actual or constructive notice that Archibald had a propensity
`
`to sexually abuse and exploit children before he committed one or more acts of sexual abuse
`
`against Plaintiff.
`
`97.
`
`The circumstances outlined in this complaint, including the 1960 grand jury
`
`investigation and multiple complaints, among other notice evidence, required Rockefeller, at a
`
`minimum, to thoroughly investigate Archibald and ensure that he was not engaging in sexual abuse
`
`and exploitation with child patients.
`
`98.
`
`It was entirely foreseeable that Archibald by his association with Rockefeller had
`
`the means, conditions, and ability to sexually abuse and exploit Plaintiff.
`
`99.
`
`Given the profligacy and notoriety of Archibald’s sexual abuse and exploitation
`
`of child patients at Rockefeller, even a cursory investigation and supervision would have
`
`revealed ample evidence of abuse.
`
`100. Rockefeller failed to conduct an adequate investigation and engaged in
`
`inadequate supervision.
`
`
`
`15
`16 of 28
`
`

`

`
`FILED: NEW YORK COUNTY CLERK 08/11/2021 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 951196/2021
`
`RECEIVED NYSCEF: 08/11/2021
`
`101. Rockefeller failed to follow medical research protocols designed to protect
`
`human subjects of medical research.
`
`102. At all relevant times, Plaintiff and his parents believed that Rockefeller would
`
`exercise such care as would a parent of ordinary prudence in comparable circumstances when it
`
`assumed supervision, care, custody, and control of Plaintiff.
`
`103. Rockefeller failed to exercise the degree of care a parent of ordinary prudence
`
`would exercise by (i) failing to take reasonable steps to supervise Archibald and Plaintiff, (ii)
`
`failing to fire or dismiss Archibald, (iii) failing to train the staff at Rockefeller to recognize and
`
`prevent child sexual abuse, (iv) failing to warn Plaintiff of the unreasonable risk posed by
`
`Archibald, (v) failing to take reasonable steps to protect Plaintiff, (vi) failing to create a safe
`
`environment, and (vii) creating an environment posing an unreasonable risk of sexual abuse and
`
`other harm to Plaintiff.
`
`104.
`
`In breaching these duties, Rockefeller acted willfully and in conscious
`
`disregard of any need to protect Plaintiff from Archibald.
`
`105.
`
`It was reasonably foreseeable that Rockefeller’s failure to exercise such care as
`
`would a parent of ordinary prudence in comparable circumstances would result in sexual abuse
`
`or other severe harm to Plaintiff.
`
`106. By reason of Rockefeller’s wrongful acts, Plaintiff sustained personal physical
`
`injury and physical sickness, including emotional distress originating from and attributable to
`
`that personal physical injury and physical sickness, including but not limited to, severe
`
`emotional and psychological distress, humiliation, fright, dissociation, anger, depression, anxiety,
`
`family turmoil and los