A South Hills oral surgeon acquitted last month of sexually assaulting 17 female patients while they were recovering from anesthesia was sued yesterday by one of the women who testified against him.
The civil suit claims that Dr. Robert J. Boyda Jr. fondled the breasts of the woman and slipped a hand down her pants in September 2007 while she was there to have teeth extracted.
At the time, the 29-year-old woman was under sedation with a mixture of drugs including propofol, the suit said. It claims Dr. Boyda also gave her Valium without consent, which contributed to her wooziness.
The suit said the woman woke up at some point with her shoes and a long-sleeved shirt off, unable to move or speak. She still wore a tank top.
Dr. Boyda assaulted her then, the suit said, and the woman then lost consciousness. She claims Dr. Boyda's hands were "very cold" and that he wore no gloves.
The nine-count suit, filed in Allegheny County Common Pleas Court against the doctor and his business, includes allegations of assault, battery, false imprisonment and negligence.
Neither Dr. Boyda nor his defense lawyer, William Difenderfer, could be reached for comment.
As a result of her experience, the woman entered therapy, resigned her job and has been unable to work, according to her lawyer, Richard A. Swanson. "She continues to suffer ... from severe emotional distress," Mr. Swanson said yesterday.
The Pittsburgh Post-Gazette does not name alleged victims of sexual assault.
Dr. Boyda, 44, of Mt. Lebanon, was acquitted by Common Pleas Judge Anthony M. Mariani after an erratic, four-month nonjury trial.
Mr. Difenderfer presented expert testimony that propofol was known in rare cases to cause sexual hallucinations. Judge Mariani said he might have ruled differently in a civil suit, where the standard of proof is lower than in a criminal case.
A civil cases requires a preponderance of the evidence -- "If the scale tips ever so slightly in your client's favor you win in a civil case," Mr. Swanson said -- versus proof beyond a reasonable doubt.
Mr. Swanson said he anticipates that Dr. Boyda will raise the same defense in his civil case, and added that he is prepared to combat it with his own experts.
Two other women have filed notices that they plan to sue Dr. Boyda but have not followed through with a complaint.
