MESA — An Arizona woman is suing Elements Massage after she was allegedly sexually assaulted during a massage at the chain's Mesa Gateway location.
“She went in for therapy, and she sadly came out a sexual assault survivor,” said Michelle Simpson Tuegel, an attorney who is representing the woman.
The lawsuit says the alleged assault happened in October 2021. The woman is identified as “Jane Doe” in the lawsuit to protect her identity.
The Arizona lawsuit alleges Elements Massage failed to properly train and supervise the therapist, Adrian Hernandez. The suit alleges the woman “has suffered and continues to suffer emotional distress, anxiety, depression, sleeplessness, stress, worry and humiliation.”
Elements Massage told ABC15 in a statement that the company doesn’t comment on pending litigation.
Hernandez signed an agreement with state regulators to give up his license in 2022 after an investigation and complaint over the same allegation was filed with the Arizona State Board of Massage Therapy. The board oversees and regulates massage therapists.
It was the second time Hernandez faced a complaint before the massage board.
Board records show in 2018 Hernandez, who at that time worked at a Massage Envy location, was investigated by the massage board after an allegation of “improper techniques, improper draping and unprofessional procedures.”
The massage board gave him a non-disciplinary letter of concern and ordered him to take eight hours of continuing education. Hernandez told the board at that October 2018 meeting that Massage Envy fired him, but that he had “new work” at Elements Massage.
The Arizona lawsuit says Hernandez was fired from Elements Massage Mesa Gateway after the October 2021 allegation. He was also prosecuted criminally over the 2021 allegation. Court records show he plead guilty to one count of attempt to commit sexual abuse, a felony.
He was sentenced to 12 months in jail and lifetime probation but was given a suspended sentence, according to court records. Hernandez could not be reached for comment by ABC15.
Simpson Tuegel has represented multiple women in civil cases involving Larry Nassar, a former sports physician at Michigan State University and USA Gymnastics. He is serving more than 100 years in prison on multiple counts of criminal sexual conduct and child pornography.
Tuegel told ABC15 in an interview that she sees a pattern both in sports and in national massage chains, where someone who is supposed to provide professional medical or therapeutic treatment crosses a line into abuse.
“It's hard, whether you're a kid or an adult, whether you're a regular person or an Olympian,” she said. “And the impact can be just as severe no matter who it is or how it's done."
Email ABC15 Investigator Anne Ryman at anne.ryman@abc15.com, call her at 602-685-6345, or connect on X, formerly known as Twitter, and Facebook.
