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A former Detroit Medical Center nurse says she was fired for reporting an alleged sexual assault of a patient by one of her colleagues. The termination from Sinai-Grace Hospital violated Michigan’s Whistleblower Protection Act and was the result of continued efforts to protect the alleged perpetrator, according to a lawsuit filed Wednesday, Nov. 5. Attorneys from Flood Law and Fieger Law filed two new civil lawsuits against DMC and former nurse Wilfredo Figueroa-Berrios, 47, on Wednesday, bringing their total lawsuit count to seven. Another 10 cases are being investigated between the two firms. Figueroa-Berrios is also facing criminal charges stemming from multiple alleged sexual assaults. On Oct. 23, he was bound over for trial on four counts of third-degree criminal sexual conduct and three counts of fourth-degree criminal sexual conduct. “We have been receiving calls almost on a daily basis from very courageous people, people that worked at the hospital that will serve as witnesses,” said attorney Jim Harrington. “We are just scratching the surface of how broad this is and the epic proportions of how widespread this was is absolutely unimaginable.” A DMC spokesperson wasn’t immediately available for comment Wednesday. Prior comment indicated the hospital proactively notified law enforcement and suspended Figueroa-Berrios upon becoming aware of allegations. He was later fired. Attempts by MLive to contact his legal counsel for comment weren’t immediately successful Wednesday. However, attorney Deborah Schlussel previously told The Detroit News the allegations of sexual assaults were not true. Related: Former Detroit nurse in court accused in patients’ sex assaults In the latest lawsuit, a female nurse identified as Jane Doe detailed a concerning history of misconduct from Figueroa-Berrios. On Aug. 25, a patient notified Jane Doe that she was sexually assaulted by Figueroa-Berrios. She claimed he removed her clothing, digitally penetrated her, and made sexually explicit comments about her body, adding that he was seeking a “friends with benefits” arrangement. Jane Doe arranged for the patient to be transferred to a different floor to keep her away from Figueroa-Berrios. She also notified her direct supervisors and filed a formal incident report. She recalled being told by the charge nurse that the patient could be lying, and later by management not to include prior incidents of Figueroa-Berrios’ misconduct in the report. The lawsuit claims this was done to limit the report and suppress prior complaints. Jane Doe later met with a hospital safety officer and reported a “disturbing and ongoing pattern of predatory behavior” from Figueroa-Berrios, including him physically beating patients, and telling a patient he wanted to perform a sexual act with her. She said in the lawsuit there were a lot of incidents and red flags, including some that she previously reported, that management chose to ignore. Despite having recently received a performance bonus and pay raise, Jane Doe was abruptly terminated on Sept. 9, less than two weeks after she filed her report. The reason for her firing was “work performance,” according to the lawsuit. Her firing caused substantial emotional distress, loss of income, reputational harm, and a future job prospects in her chosen profession, according to the lawsuit. It also allegedly violated state laws, including the Whistleblowers Protection Act. The lawsuit seeks more than $25,000 in damages, plus legal costs. A second lawsuit filed Wednesday came from another Sinai-Grace nurse, who accused Figueroa-Berrios of forcing his way into a porta-john and sexually assaulting her during a workplace-endorsed social outing in downtown Detroit. The two knew each other but were not involved in a relationship. The woman said she reported the assault to a coworker at the outing. “The aforementioned coworker’s response made it clear to (her) that (the health system) had fostered an environment wherein Defendant Berrios’ assaultive behavior was normalized and tolerated, and that reporting the assault to management would likely have fallen on deaf ears,” reads the lawsuit. The May 9 incident led to criminal charges against Figueroa-Berrios. He remained in jail as of Wednesday, with his next court hearing scheduled for Friday morning, Nov. 7, according to court records. Figueroa-Berrios obtained his nursing license in 2012. Allegations of sexual assault date back to 2017, with most of the incidents detailed in the series of lawsuits occurring at Sinai-Grace. Harrington and attorney Todd Flood praised the courage of the women who have come forward and shared their story thus far.
