A Lake Junaluska man who surrendered his medical license last month faces a civil lawsuit for allegedly encouraging a woman to buy him a drink to settle her unpaid balance for a Botox treatment, getting her drunk, giving her pills, and having non-consensual sexual relations with her.
Allan Norman Zacher III, 67, voluntarily surrendered his medical license Sept. 7, according to state records.
Zacher was scheduled to appear before the North Carolina Medical Board in mid-October to answer a claim of unethical conduct related to the allegations — grounds for the board to possibly annul, suspend, revoke, condition or limit his medical license.
Zacher, who could not be reached for comment, faces no criminal charges in connection with the April 14, 2018 incident.
However, a civil complaint filed against him July 19 in Buncombe County alleges medical malpractice, battery and general negligence, requesting a jury trial and upward of $75,000 in compensatory and punitive damages.
Asheville-based personal injury attorney Lakota R. Denton filed the lawsuit on behalf of the now-26-year-old woman.
The lawsuit alleges Zacher, as owner and operator of Mountain Radiance Medical Spa in Asheville, suggested the woman buy him a drink to pay for her treatment after telling her the $400 she brought was not enough to fully pay for all the services provided.
The lawsuit alleges that after the woman “hesitantly agreed,” Zacher instead bought her drinks, ultimately got her intoxicated to the point of blacking out, gave her amphetamine pills, took her to his home, and had non-consensual sexual relations with her.
“The woman did not pay for any drinks as originally planned, and after only one or two drinks … she began to feel very intoxicated; far more intoxicated than she normally would have after so few drinks,” the lawsuit states.
It argues the woman “underwent extreme sexual assault at the hands of her trusted healthcare professional.”
Zacher allegedly took the woman to a bar in downtown Asheville, to his home at Lake Junaluska, to a bar in downtown Waynesville, and then back to his home.
According to the lawsuit, the woman allegedly texted a friend multiple times to express concern about her situation, saying she was downtown with the doctor who had her “severely intoxicated” and feeling scared and helpless.
That friend — according to the lawsuit and a police incident report — called the Haywood County Sheriff’s Office, which then responded to Zacher’s home for a welfare check.
Two deputies responded to the Lake Junaluska home, with one threatening to kick open a door after Zacher initially told them to go away, refused to open the door because he was naked and with a young woman who was also naked, and asked if they had a warrant, according to a police incident report.
According to the police report, a second deputy went around back and saw the woman naked on the floor, then get up, get dressed, and walk to the kitchen sink to get water. The woman said she was not sure what was going on, and that she remembered “bits and pieces” of having sex with Zacher.
When asked if she gave consent, the woman reportedly said, “I think so? I don’t remember.”
“She stated she only remembers lying on the floor with him and then we arrived,” the deputy’s report states. “I asked ... if she had sex with him so she could get free Botox and she said, ‘I don’t know maybe?’ I then asked her if Zacher believed that was the agreement and she stated ‘I don’t know.’”
Zacher told police the woman was a patient of his and that they had gone out for drinks after her appointment. When asked if he had given her any drugs, Zacher said he had given her caffeine pills, according to the police report.
According to the lawsuit, however, those pills were actually amphetamines that Zacher said he got from the trunk of his Corvette after the woman said she was too tired to go to dinner in downtown Waynesville.
A supplemental police incident report noted a drug screen found amphetamines in the woman’s system. She was transported to Haywood Regional Medical Center for a forensic evaluation, according to the lawsuit.
Haywood County court records show no criminal charges filed against Zacher in connection with the April 2018 incident.
Jeff Haynes, chief deputy for the Haywood County Sheriff’s Office, said the investigation and case were initially reviewed by two members of District Attorney Ashley Welch’s office, with no charges filed based on that review.
“Since then, the female’s attorney has come forth and wanted to speak to us once again,” Haynes said. “That has been represented to the DA’s office, and there will be a meeting forthcoming.”
There “may or may not be additional information” to consider as a result of that future meeting, Haynes said. “But at this point it will become once again an ongoing investigation, so I can’t and won’t comment.”
Denton said that he and the woman are disappointed the case was not investigated more thoroughly sooner. “Because I think Dr. Zacher should be charged criminally, and that there is some justice to be had in this case.”