Data excerpted from the FMSF Legal Survey, March, 1997
Sample of reports of lawsuits brought against mental health care workers
alleging creation of False Memory Syndrome through the use of repressed
memory therapy:
- Abney v. Therapist, In the District Court of Harris County, Texas,
11th Judicial District, Cause No. 93-054106. Former client, her two
daughters and husband sued hospital and doctors for negligence in
misdiagnosing multiple personality disorder and encouraging the belief
that her family had participated in satanic cult rituals. Plaintiff
also claimed fraudulent misrepresentation of her condition to the
medical insurance carrier. In April, 1995, suit settled through
mediation for an undisclosed sum under confidentiality agreement.
See, Gangelhoff, B., "Devilish Diagnosis: Hypnotized and bound by
restraints, the patients of Judith Peterson say they came to believe
they had multiple personalities or had belonged to satanic cults. So,
apparently did their therapist," Houston Press, July 6 - July 12, 1995.
See, also, "Suits against abusive therapists settled," FMSF
Newsletter, June, 1995, pp. 11-12.
- Althaus v. Cohen, in the Court of Common Pleas of Allegheny County,
Pennsylvania, Case No. 92-20893. On December 16, 1994, a jury awarded
$272,232.07 in compensatory damages to parents and daughter against
daughter's psychiatrist for failure to properly diagnose and encouraged
her to believe in nonexistent events including accusations of parental
sex abuse and satanic ritual abuse.
See, "Parents win suit against psychiatrist in sex case," The
New York Times, December 17, 1994.
See, also, Ross, A.S., "Blame it on the devil," Redbook Magazine,
June, 1994.
- Bean v. Peterson, Superior Court of the State of New Hampshire, in and
for Cheshire County, Case No. 95-E-0038. Malpractice suit brought by
couple alleging psychologists' treatment temporarily convinced Mrs. Bean
that she suffered from multiple personality disorder and had been
programmed as a child by a satanic cult. Plaintiffs claimed the
treatment caused her to become suicidal. Pending.
See, Poor, E., "Jaffrey couple brings suit over malpractice:
Beans charge that Dublin psychologist abused his position in treatment,"
Monadnock Ledger, May 18, 1995, p. 15.
- Brennan v. Nussbaumer, Denver District Court, Colorado, Case No.
94-CV-2524. On November 2, 1995, a jury awarded plaintiff $120,858
against her former therapist for negligence in a case of recalled
memory.
See, Lindsay, S., "How therapy drove woman into the hospital:
Jane Brennan talks about "false memory' suit she won and the power
therapists have," Rocky Mountain News, November 5, 1995, p. 6A.
- Burgess v. Braun, in the Circuit Court of Cook County, Illinois County
Department, Law Division, Case No. 93-L14050. Former client and her
husband and two minor children suing former therapists and hospital for
negligence, breach of the standard of care for uncritical acceptance of
multiple personality disorder diagnosis, failure to perform appropriate
testing, prescription of inappropriate medications which would be
expected to increase a tendency towards suggestion, and the use of
hypnotic techniques without first advising of risks involved. Pending.
See, Keenan, M., "The Devil and Dr. Braun," New City, Chicago,
IL, June 22, 1995, reporting on seven malpractice lawsuits pending
against Dr. Braun, an authority on "multiple personality disorder, a man
who is hailed by peers for his innovative treatment methods -- [T]wo
closely related Illinois cases allege he induced patients to unravel
tales of satanic ritual abuse and administered unsafe doses of powerful
medications."
See, also, PBS Frontline Documentary entitled, "The Search for
Satan," aired October 24, 1995 (video available from: Journal Graphics
(800) 435-6850).
- Carl v. Peterson, et al., U.S. District Court, Southern District of
Texas, Houston Division, Case No. H-95-661. Lynn Carl's suit for $18
million against Judith Peterson, Spring Shadows Glen, et al., alleges
she spent more than $2 million on mental health treatment after
therapists at Spring Shadows Glen convinced her she was satanically
ritually abused. She is now divorced and not allowed to see her
children. Plaintiff's attorney is quoted, "What these mental health
professionals have done to my client is as bad as what you would expect
an enemy to do to a POW." On July 1, 1996, suit settled out-of-court for
an undisclosed sum under strict confidentiality agreement.
See, Tedford, D., "Woman sues therapists: Over 500 personalities
claimed," Houston Chronicle, March 8, 1995.
See, also, The Houston Press, "Devilish Diagnosis: After being
drugged, hypnotized and bound by restraints, the patients of Judith
Peterson say they came to believe they had multiple personalities or had
belonged to satanic cults," by Bonnie Gangelhoff, July 5-12, 1995, Vol.
7, No. 27.
- Carlson v. Humenansky, District Court, Second Judicial District,
Ramsey County, Minnesota, Case No. CX-93-7260. On January 24, 1996, a
jury awarded $2.5 million finding defendant psychiatrist negligent in
failing to meet recognized medical standards of care. Carlson had
accused Humenansky of planting false memories during treatment which
included hypnosis and sodium amytal.
See, Guthrey, M. and T. Kaplan, "Second patient wins against
psychiatrist; accusation of planting memories brings multi-million
dollar verdict," St. Paul Pioneer Press, January 25, 1996, p. 1B.
- Cool v. Legion Insurance Company, Kenneth C. Olson, et al., State of
Wisconsin, Circuit Court of Outagamie County, Case No.94 CV 707, Medical
Malpractice No. CH 655, 30104. Nadean Cool, her husband and two adult
children brought a complaint against the former director of St.
Elizabeth Hospital, psychiatrist Kenneth C. Olson, for the negligent use
of hypnosis and implanting false memories, negligent prescription of
drugs, misdiagnosing multiple personality disorder with 120 separate and
distinct personalities and continuing to counsel her after he recognized
that his treatment was responsible for her deteriorating condition. On
March 3, 1997, the defendants settled out-of-court for $2.4 million.
See, also, Jones, Meg, "Doctor accused of bogus therapy, bills
Appleton woman says former psychiatrist convinced her of many
personalities, billed for group therapy," Milwaukee Journal Sentinel,
February 4, 1997, p. 1.
See, also, Associated Press, March 3, 1997, "Doctor accused of
planting false memories settles suit for $2.4 million."
- Deck v. Anonymous Therapist, Superior Court of Washington in and for
King County, Case No. _____. Malpractice suit brought by former client
against a therapist who induced her to believe that as a child she had
been sexually abused by an admired family member and satanic cult. On
April 26, 1995, defendants made a confidential settlement. As part of
the settlement, plaintiff agreed not to refer to defendants' names when
discussing the case.
See, Nalder, E., "False Memories - It seemed the only way to get
better was to believe things that would make her feel worse," The
Seattle Times, November 5, 1995, p. A1.
- Diament v. Genesis Associates, Patricia Neuhausel, Patricia Mansmann,
Kathleen Fitzgerald, U.S. District Court for the Eastern District of
Pennsylvania, Case No.96-CV-5342. Suit filed by a former Genesis patient
who claims she was encouraged to "detach" from her children, husband,
mother and sisters and that if she ever left the Genesis program she
would "go insane and/or die." Carol A. Diament of Ashland, Oregon,
claims she was "encouraged and pressured ... to have flashbacks and/or
memories from her past that were false ... some of which involve
participating in Satanic rituals and suffering abuse (physical, mental,
sexual or otherwise) at the hands of family members." Pending.
See, Duffy, S.P., The Legal Intelligencer, "Genesis Associates
Litigation Becoming "Devil' of a Case," August 21, 1996, p. 3.
See, also, Rellahan, M.P., Daily Local News, Westchester,
Pennsylvania, "Genesis at heart of bitter divorce dispute," January 9,
1997. Carol Diament asked Judge Jacqueline Carroll to disqualify her
husband's attorney because the attorney had earlier represented her in
the divorce. At a hearing before Carroll, Diament said that Cornelia
Farrell Maggio, acting as the "in-house" counsel for Genesis, made her
sign documents giving up custody of her children, admitting she sexually
abused them and confessing to having once been a member of a satanic
cult. Maggio, who represents Genesis in the host of legal challenges
against it, has denied ever representing Diament in the divorce action.
At the hearing, Judge Carroll ordered Maggio to get an attorney for
herself because she would likely be called to testify about her
connections with Carol Diament.
- Downing v. McDonough, Essex County Superior Court, Essex,
Massachusetts, Case No. _____. Plaintiff alleges her former therapist
coerced her, despite her resistance, into believing she had been abused
as a child. Pending.
See, Rierden, A., "When a buried truth wants out, is it real?"
The New York Times, April 24, 1994, Section 14 CW, p. 1, Connecticut
Weekly Desk.
See, also, McKenna, M.A.J., ""Abuse' backlash builds: "Victims'
deny "memories,' sue therapists," The Boston Herald, April 8, 1994, p.
45.
- Father v. Psychologist, Superior Court of the State of California, in
and for the County of Orange. Third party suit by father alleging
professional negligence of clinical social workers and other therapists
for diagnosing repressed memories of childhood sexual abuse through
"body and cell" memories in his daughter. Plaintiff's argues his
daughter's memories were false and the product of unethical,
inappropriate and negligent conduct by defendants.
- Fultz v. Carr, in the Circuit Court of the State of Oregon, for the
County of Multnomah, Case No. 9506-04080. Malpractice suit brought by
former client, her husband, minor children and her husband's parents
against the therapists who treated the client and her children alleging
techniques used were likely to produce mental images, ideas, thoughts
and suggestions which would be misconstrued as real, historically
accurate memories and that group therapy would reinforce these beliefs
that the images were real and historically accurate. The Complaint also
alleges that defendants failed to obtain informed consent or to disclose
the highly controversial nature of the diagnosis and treatment. The
Fultz family settled their case against Dr. Chyril Walker, one of the
two defendants, for $1,150,000 and on September 11, 1996, settled with
Dr. Sophia Carr for a confidential amount.
See, "Therapist defendant settles out of court in third party
suit," FMS Foundation Newsletter, September 1, 1996, p. 11.
- Ganger, et al. v. Gardner, et al., State of Michigan, Circuit Court
for the County of Osceola, Case No. 95-6846-NO. Several former patients
of counselor, Joseph Gardner, allege they were brainwashed by the
defendant into believing or saying they had been molested. Eagle
Village is a private agency that cares for abused, neglected and
delinquent children from all over northern Michigan where Mr. Gardner
was the main therapist and counselor.
See, Kresnak, J., "Former clients sue sex-abuse therapist: They
say they were coaxed into admissions," The Detroit Free Press, September
5, 1996.
- Gavigan v. Connors, et al., Superior Court of California, County of Los
Angeles at Long Beach, Case No. NC010863. Melody Gavigan sued her
former therapists and Los Altos Hospital and Mental Health Center for
medical malpractice, intentional infliction of emotional distress and
negligence. Her complaint alleged that as a result of defendants'
misconduct and misdiagnosis and at their suggestion and encouragement,
she falsely accused her father of childhood sexual abuse. The hospital
settled out of court in 1996. In January, 1997, the treating therapist
settled prior to trial.
See, Mail on Sunday, "The feminist police tearing fathers and
daughters apart," by Sharon Churcher, November 28, 1993.
See, also, The Observer, "Incest, lies and therapy," by Sarah
Strickland, January 15, 1995.
See, also, FMSF Newsletter, February, 1997, p. 10.
- Glasspool v. Seltzer, Appellate Division of Superior Court, New
Jersey, No.A-001662-95T5. Five family members appealed the trial court
ruling that psychiatrists and other medical professionals owe no duty to
third parties for the possibly litigious effects of their therapeutic
efforts. The Glasspools were originally defendants in a suit filed by
Laurie Gerlach in 1990 in Bergen County, New Jersey alleging sexual
molestation she remembered after undergoing memory stimulation with the
so-called "truth-serum" drug, sodium amytal under her psychiatrist's
direction. In July, 1994, Judge Marguerite Simon dismissed the
complaint on statutes of limitations grounds. In August, 1994, the
defendants in the dismissed suit filed the present suit, naming as
defendants Gerlach's psychiatrist, Dr. Ronni Lee Seltzer, as well as
Seltzer's employer, Holy Name Hospital in Teaneck, New Jersey. They
also named two self-help facilitators who aided in the "recovered
memory" therapy, Ariel Jordan and Valerie Heller. In November, 1996, the
Appellate Division ruled against the Glasspools finding that under the
"Entire Controversy Doctrine" which is unique to New Jersey, the
Glasspools should have brought the claim against the psychiatrist in the
original suit brought by Laurie Gerlach in 1990 and was, therefore,
barred by statute of limitations. The Glasspools do not intend to
appeal to Supreme Court.
See, Snider, A., "Accused abusers fight back: Novel suit says
therapists instilled false memories of incest," New Jersey Law Journal,
Vol. CXLVI, No. 7, November 18, 1996.
- Halbrooks v. Moore, in the District Court, Dallas County, Texas, Case
No. 92-11849. A jury found therapist guilty of negligence and that his
actions were the proximate cause of damage to his former client. In
March, 1995, a jury awarded plaintiff $90,000 for past medical expenses,
lost wages, mental anguish, pain and suffering and her husband was
awarded $15,000 for loss of consortium. The defendant hospital settled
prior to trial for approximately $50,000.
See, Blow, S., "Memories almost split this family," The Dallas
Morning News, May 21, 1995, p. 35-A.
- Hammane v. Humenansky, U.S. District Court, 2nd Judicial District,
Minnesota, Case No. C4-94-203. On July 31, 1995, a jury awarded
plaintiff over $2.6 million in malpractice claim for planting false
memories of sexual abuse and satanic rituals, falsely diagnosing
multiple personality disorder and subjecting her to an increasingly
coercive program of mind altering drugs, hypnosis and threats.
See, deFiebre, C., "Psychiatrist in trial says patients victims of
satanic cults," Star Tribune, June 24, 1995, p. 5-B.
See, also, Associated Press, "$2.5 million for fake sex abuse
memories; verdict "a stunning warning to therapists,'" The Philadelphia
Daily News, August 2, 1995.
See, also, Bauerlein, M., "The mirror cracked: Vynnette Hamanne
spent three years losing her mind with the help of her recovered memory
therapist," City Pages, Vol. 17, No. 768, August 23, 1995.
- Hart v. Ross, Manitoba Court of Queen's Bench, File No.
CI-94-01-79802. Malpractice suit by former patient against
psychiatrist, Colin Ross, M.D.
See, also, Stainsby, M., "Psychiatrist found demons where they
didn't exist," The Vancouver Sun, December 4, 1995, p. C5. Roma Hart,
during 5 years of therapy, became suicidal, hooked on prescription drugs
(up to 50 mg of Halcion a day) and accused her father of sexual abuse,
pedophilia, witchcraft and producing pornography. Her psychiatrist,
Colin Ross, M.D., an expert in multiple personality disorder, diagnosed
her as having 12 personalities and "introduced demons where they
absolutely didn't exist."
- Heusted v. DeGroot, et al., Superior Court of California, County of
Santa Barbara, Case No. 204645. A woman who charged that a county
mental health therapist misdiagnosed her and implanted false childhood
memories received $90,000 from the county to settle the lawsuit.
Heusted alleged that DeGroot counseled, treated and hypnotized her "so
as to input in her mind and induced her to believe that she had been
sexually abused as a child, that she had been the victim of satanic
ritual abuse, and as a result of all this abuse she was a multiple
personality."
Santa Barbara Independent, July 26, 1996, "Counseling Case Settled for
$90,000."
- Hungerford v. Jones, United States District Court, District of New
Hampshire, Case No. 96-C-599-M. Joel Hungerford, a man accused of rape
by his daughter in a pending criminal case, is suing his daughter's
therapist, Susan Jones, for $2 million charging that she planted the
idea of rape in his daughter's mind.
See, Edler, Shirley, "Therapist sued over repressed memories,"
The Boston Sunday Globe, December 29, 1996.
- Khatain v. Jones, District Court of Dallas County, Texas, No.
90-14035-D. On December 14, 1994, a jury awarded $350,000 to parents
against their daughter's therapist for slander. Plaintiffs argued that
sodium amytal made it possible for therapist to plant false memories of
sexual abuse. Plaintiff's daughter has since recanted the allegations
of abuse and ended her six-year relationship with her therapist.
See, "Recovered memory case ends with $350,000 decision against
psychiatrist," Clinical Psychiatry News, January 1995.
- Larson v. Ells, et al., Superior Court of Maricopa County, State of
Arizona, Case No. CV-95-00831. Complaint filed in January, 1995,
alleges counselor and others planted false memories of childhood sexual
abuse and satanic ritual during therapy. In December,1996, defendants
Alfred Ells and House of Hope settled out-of-court under a confidential
agreement. The suit is ongoing against defendant Remuda Ranch Center
for Anorexia and Bulimia in Wickenburg, Arizona.
See, Whiting, B., "Counselor hit with another suit: Woman claims
therapist planted "false memories,'" The Arizona Republic, January 20,
1995, B-2, regarding two lawsuits against Scottsdale counselor, Alfred
H. Ells and others accused of planting "false memories" of child sexual
abuse and Satanism during therapy. See, also, S. v. House of Hope
listed below.
See, also, Snyder, J., "Therapist's certificate revoked in
"demon' diagnosis," The Arizona Republic, April 7, 1996.
- Lindgren v. Moore, 1996 U.S. Dist. LEXIS 3450 (March 22, 1996); 1996
WL 134261 (N.D. Ill.); 1995 U.S. Dist. LEXIS 15140. A third-party suit
brought by the father and two siblings of Amy Lindgren against her
therapist and the therapist's supervisor "for inducing what has been
labeled as "False Memory Syndrome." Plaintiffs argue that under special
circumstances when the patient herself does not recognize the injury,
only the injured third party is able to hold the therapist liable for
his or her actions. Plaintiffs' opening brief concludes, "without
granting the injured father standing in these cases, the falsely accused
parent is powerless to redress the profoundly tragic injury suffered and
powerless to bring a measure of accountability to the health care
provider who negligently propagates false allegations." Court dismissed
malpractice and negligence claims but allowed the intentional infliction
of emotional distress and loss of society and companionship claims to go
forward. Pending.
- Lujan v. Genesis Associates, Patricia Neuhausel, Patricia Mansmann,
U.S. District Court for the Eastern District of Pennsylvania, Case No.
96-CV-5098. Brook Lujan aka Diane Tuman filed suit individually against
Genesis Associates and two of its therapists, licensed social worker,
Patricia Neuhausel and psychologist, Patricia Mansmann claiming they
convinced her that her parents were Satanists who had sexually abused
her, impregnated her and then killed her child as a sacrifice.
See, Duffy, S.P., The Legal Intelligencer, "Genesis Associates
Litigation Becoming "Devil' of a Case," August 21, 1996, p. 3. Article
describes four lawsuits filed following a confidential settlement of a
Genesis patient who claimed therapists implanted false memories in their
daughter that caused her to change her identity and flee (see below,
Tuman v. Genesis Associates, et al., U.S. District Court for the Eastern
District of Pennsylvania, Case No. 95-272. See, also, Tuman v. Genesis,
et al., 894 F.Supp. 183 (1995); 935 F.Supp. 1375 (1996).
- Mark v. Zulli, Superior Court of California, County of San Luis
Obispo, Case No. CV 075386. Former client and her husband sued former
therapists because their activities led her to falsely believe she had
been molested as a child and suffered from multiple personality
disorder. The suit also named author of The Courage to Heal Workbook,
Laura Davis, alleging her book was responsible for creating false
memories of sexual abuse. Laura Davis was dismissed from the lawsuit on
First Amendment grounds in September, 1994. On December 5, 1995, the
case settled in favor of plaintiffs in the amount of $157,000.
See, Wilcox, Dave, "False memories suit targets author, local
hypnotherapists," San Luis Obispo Telegram-Tribune, May 2, 1994.
- Noreen v. Mark D. Stephenson, et al., Barnard v. Mark D. Stephenson,
et al., North American Collections v. Goad, defendants and third-party
plaintiffs v. Mark D. Stephenson, et al., third-party defendants, in the
District Court of the Seventh Judicial District of the State of Idaho,
in and for the County of Bonneville, Case Nos. CV-95-220, CV-95-222,
CV-95-1157. Suits allege Idaho Falls psychologist, Mark D. Stephenson,
used hypnosis to convince plaintiffs they were victims of childhood
sexual abuse and satanic ritual abuse. The psychologist was suspended
from practicing his profession after he was found to have committed a
number of ethical violations. Trial scheduled April 7, 1997.
See, Johnson, P.M., "Patients sue psychologist over false abuse
memories: Repressed memory cases on the rise nationwide," Idaho Falls
Post Register, January 30, 1995, p. A-1.
See, also, Wallace, C.G., Idaho Falls Post Register, "State board
suspends psychologist's license," July 3, 1996, p. A-8.
- Pasley v. Anonymous Therapists and Hospital, in the District Court,
Texas. Malpractice suit brought by former client and her minor daughter
against her treating therapist and medical center for therapeutic
negligence and fraud, creating an unhealthy dependence, giving
sub-standard care and helping to induce false memories of sexual and
physical abuse. On June 25, 1993, suit settled for an undisclosed sum
under confidentiality agreement.
See, Pasley, L., "Misplaced trust: A first-person account of how
my therapist created false memories," Skeptic Magazine, Vol. 2, No. 3,
1994, pp. 62-67
- Ramona v. Isabella, Superior Court of the State of California, for the
County of Napa, Case No. 61898. On May 13, 1994, a jury awarded
plaintiff father $475,000 against his daughter's therapists for
negligence in providing health care and implanting or reinforcing false
memories of childhood sexual abuse.
See, "Jury Finds therapists implanted false memories of incest,"
The Sacramento Bee, May 14, 1994, p. A-1.
- Rice v. Gamage, Clark County Superior Court, Washington, Case No.
______. Suit alleged that because of negligent and harmful therapy by
the defendant, the plaintiff recovered memories of satanic, ritualistic
abuse and became convinced she was being pursued by members of a cult
who would harm her or her children. Because of those so-called
hallucinatory commands, Rice caused a multiple vehicle accident in
Tigard, Oregon, that killed a Portland man. She said that a "good
witch" took control of her car and was "telepathically directing her to
safety" moments before the head-on collision. In April 1993 she was
found guilty but insane of a charge of first-degree manslaughter and
sentenced to 20 years probation (cannot leave home without permission
except for routine errands). Defendant Gamage was a hypnotherapist Rice
went to help quit smoking, lose weight, etc. On May 21, 1996, the case
settled in favor of plaintiff after day long mediation in the amount of
$425,000 and $1,570 per month for the remainder of plaintiff's life.
See, Westfall, Bruce, "Former Patient Sues her Therapist," The
Colombian, March 9, 1995.
See, also, Conklin, Ellis E., "Therapy blamed in delusions,
death: Woman settles suit, says grisly memories planted," Seattle Post
Intelligencer, May 21, 1996, p. B1.
- RMH & JAH v. Wadle & Associates, et al., District Court, Polk County,
Iowa, Case No. _____. A father and son sued a Des Moines therapist and
psychiatric clinic alleging that their ex-wife and mother was subjected
to "false memories" of ritual Satanism and abuse. The suit states that,
as a result of the treatment by Anita Jordan, the woman has abandoned
her family. The woman sought treatment for depression after her
family's home was deluged by record floods in 1993. The suit alleges
professional negligence, fraudulent misrepresentation, public nuisance,
intentional infliction of emotional distress, failure to obtain informed
consent and negligent hiring.
See, Eggen, Dan, "Father, son sue therapist in "repressed
memories' case: Lawsuit challenges therapist's treatment," Des Moines
Register, June 10, 1996, p. 1M.
- Roome v. Memorial City General Hospital Corporation, et al., 164
Judicial District Court of Harris County, Texas, Case No. 94-011879.
Suit claiming negligence, gross negligence and conspiracy to bleed
plaintiff's $1 million in medical insurance. Suit settled for
undisclosed amount under a confidentiality agreement, January, 1996.
See, Gangelhoff, B., "Devilish Diagnosis: Hypnotized and bound by
restraints, the patients of Judith Peterson say they came to believe
they had multiple personalities or had belonged to satanic cults. So,
apparently did their therapist," Houston Press, July 6 - July 12, 1995.
- Roberts v. Los Altos Hospital and Mental Health Center, Superior Court
of California, for the County of Los Angeles at Long Beach, Case No.
NC014592. Malpractice suit against Lori Robert's former therapists and
Los Altos Hospital. The final defendant settled out-of-court on January
9, 1997. After several months of inpatient treatment, the hospital
staff recommended intravenous sodium amytal to "unlock her repressed
memories." During the session, Lori "saw" her father molest her and the
staff then had her confront her parents with this new-found information.
See, FMSF Newsletter, February, 1997, pp. 10-11.
- Rutherford, et al. v. Strand, et al., in the Circuit Court of Greene
County, Missouri, Case No. 1960C2745. Malpractice suit brought by Tom
and Joyce Rutherford and their three children, Beth, Lynette and Shara
for the treatment of Beth Rutherford, alleging defamation, intentional
interference with economic relationship, professional malpractice,
negligence, negligent infliction of emotional distress and intentional
or reckless infliction of emotional distress. Named in the suit are
Donna Strand, a psychological counselor and employee and/or agent of
Park Crest Village Assembly of God, Inc., Strand's husband, the Rev.
Robert Strand who is pastor of Park Crest and Reg Larson, a Grandview
man listed as "agent of the Southern Missouri District Council of the
Assemblies of God, Inc." Beth, now 22, went to Donna Strand for
counseling in 1992 and after more than 64 psychotherapy sessions, became
convinced that her father, an Assemblies of God minister, had repeatedly
raped and sodomized her as a child, recalled two pregnancies terminated
by hanger abortions, according to Strand's notes. Beth Rutherford is a
virgin according to a medical report. On October 14, 1996, the suit
settled in favor of plaintiffs for $1 million.
See, Springfield, MO News-Leader, June 23, 1996, describes case
of Beth Rutherford, a young woman who accused her father, an Assemblies
of God minister, and her mother of sexual abuse when she as a child.
Ms. Rutherford has since recanted and together with her parents and two
siblings is suing the unlicensed therapist. Ms. Rutherford's
allegations include impregnated twice by her father, forced to perform
crude coat-hanger abortions on herself - gynecologist reported she is a
virgin. FMSF Newsletter, July/August, 1996, p. 3.
See, also, Springfield, MO News-Leader, August 4, 1996, "Church,
therapist sued for $12 million: A Springfield family says false memories
of abuse were planted during counseling sessions," by Ron Davis.
See, also, Springfield, MO News-Leader, November 12, 1996,
"Assembly, family reach settlement in lawsuit: A local church and
therapist had been accused in a false-memory case," by Ron Davis.
See, also, San Antonio Express-News, November 16, 1996, "Family
settles $1 million over false repressed memories," Associated Press.
The article reports that the Rutherfords plan to use the settlement
money to travel the country, warning others of the dangers of recovered
memory therapy.
- Shanley v. Peterson, U.S. District Court, Houston Division, Case No. H
94 4162. Negligence suit brought by former client against her
therapist, therapist's supervisors and Spring Shadows Glen Psychiatric
Hospital in Houston where she was treated. Allegations involve
repressed memories of satanic ritual abuse, sexual abuse by an ex-school
teacher and multiple personality disorder.
See, Gangelhoff, B., "Devilish Diagnosis: Hypnotized and bound by
restraints, the patients of Judith Peterson say they came to believe
they had multiple personalities or had belonged to satanic cults. So,
apparently did their therapist," Houston Press, July 6 - July 12, 1995.
See, also, Houston Chronicle, December 13, 1994, "Suit hits
Satanism memories: Woman blames care by doctors."
See, also, PBS Frontline Documentary entitled, "The Search for
Satan," aired October 24, 1995 (video available: Journal Graphics (800)
435-6850).
- S. v. House of Hope, Inc., et al., Superior Court of Maricopa
County, State of Arizona, Case No. CV-94-17678. Complaint for
negligence alleges plaintiff became "came to believe and express false
memories of satanic abuse, multiple personality disorders and other
supposed mental illness." In October, 1996, the negligence suit was
resolved in a confidential agreement and the suit was dismissed with
prejudice. FMSF Newsletter, January, 1997, p. 8.
Whiting, B., "Counselor hit with another suit: Woman claims therapist
planted "false memories,'" The Arizona Republic, January 20, 1995, B-2,
regarding two lawsuits against Scottsdale counselor, Alfred H. Ells and
others accused of planting "false memories" of child sexual abuse and
Satanism during therapy.
See, also, Snyder, J., "Therapist's certificate revoked in
"demon' diagnosis," The Arizona Republic, April 7, 1996.
- Stegman v. Martinez, in the Circuit Court for the 1st Judicial Circuit
of Illinois, Massac County, Metropolis, Illinois, Case No. 95-L-67.
Complaint by father against two counselors whose treatment allegedly
caused his daughter to accuse him of murder. Criminal charges were
filed based on claims by Stegman's daughter that she uncovered repressed
memories of a 28 year old murder. These criminal charges were dismissed
on October 25, 1995.
See, Rosenbery, P., "Ex-defendant suing daughters, counselors
over murder allegations stemming from repressed memories," The Southern
Illinoisan, October 27, 1995, p. A3.
See, also, Fraser, D., "Two counselors remain defendants in Larry
Stegman's civil lawsuit," The Paducah Sun, May, 9, 1996.
- Stone v. Anonymous Psychologist, Colorado District Court, Colorado
Springs, Colorado. Former client brought malpractice suit against
therapist for negligently implanting false memories of childhood sexual
abuse and creating false multiple personality disorder. Three days
before trial, on September 15, 1995, defendants agreed to a settlement
under a confidentiality agreement. Following the settlement, the
licensing board re-reviewed an earlier complaint against the
psychologist and sent it to the disciplinary board of the Attorney
General's office for formal proceeding.
- Schwiderski v. Peterson, et al., 129th Judicial District, Harris
County, Texas, Case No. 93-0254348. Malpractice suit brought by former
client, her ex-husband and children against doctors and hospital. The
case settled under a confidentiality agreement in October, 1995.
See, Waterhouse, Rosie, "There'll be the devil to pay: The future
of America's "recovered memory movement' is at stake in a $35 m
lawsuit. Rosie Waterhouse reports on one family's battle," The
Independent, Monday, 17 October 1994.
See, also, Gangelhoff, B., "Devilish Diagnosis: Hypnotized and
bound by restraints, the patients of Judith Peterson say they came to
believe they had multiple personalities or had belonged to satanic
cults. So, apparently did their therapist," Houston Press, July 6 -
July 12, 1995.
- Tinker v. Tesson, in the Circuit Court of the 19th Judicial Circuit,
in and for Martin County, Florida, Case No. 95-444-CA. Suit brought by
former patient against Dr. Alan R. Tesson, M.D. Plaintiff accused
Tesson of planting suggestions of satanic ritual abuse in her
subconscious during 2 1/2 years of hypnosis sessions. In December,
1996, the case settled in favor of plaintiff in the sum of $650,000.00.
See, also, Moore, P., "Patient alleges psychiatrist planted cult
ideas," The Palm Beach Post, February 23, 1996, p. 1B. Tesson
frequently consulted with Utah hypnotherapist Cory Hammond, a
self-proclaimed expert in satanic ritual abuse, court records show.
Tesson attended a lecture for hypnotherapists in which Hammond told the
group a satanic cult was introduced to the United States by Nazi
scientists who devised a mind-control system to induce cult members to
commit murder, ritual sacrifices and child pornography, court records
state.
See, also, Associated Press, "Psychiatrist settles with patient,"
Times, December 25, 1996, p. 9B. A woman who sued her psychiatrist,
claiming he implanted false memories of satanic ritual abuse, has agreed
to a $650,000 settlement.
- Tuman v. Genesis, U.S. District Court for the Eastern District of
Pennsylvania, Case No. 95-272. See, Tuman v. Genesis, 1995 U.S.
Dist. LEXIS 10149; 1996 U.S. Dist. LEXIS 5406. Suit brought by parents
against mental health professionals alleging defendants implanted false
memories of sexual abuse and satanic ritual abuse in their daughter. In
May, 1996, suit settled for an undisclosed sum to plaintiffs.
See, Duffy, S.P., ""False memory' lawsuit upheld by U.S. Judge;
Pa. Supreme Ct. Stance Predicted," The Legal Intelligencer, July 26,
1995, p. 1.
License Suspensions
- In the Matter of the Medical License of Diane Bay Humenansky, M.D.,
License No. 32,069, Before the Minnesota Board of Medical Practice.
Findings of Fact, Conclusions and Final Order dated December 20, 1996.
The board found numerous violations pursuant to the findings of fact and
allegations which included engaging in medical practice which is
professionally incompetent, an inability to practice medicine with
reasonable skill and safety to patients and noted that respondent denied
any wrongdoing indicating that she was a "victim" in this matter. With
respect to numerous complaints and civil lawsuits filed against her,
respondent blamed those on the "perpetrators of childhood sexual
assault." The order states that respondent's license to practice
medicine and surgery in the State of Minnesota shall be suspended for an
indefinite period of time.
See, FMSF Newsletter, February, 1997.
- In the Matter of the License to Practice Psychology: Mark D.
Stephenson, License No. Psy-253, Before the Board of Psychologists,
State of Idaho, Case No. PSY-03-95-005. At issue was the treatment of
three female patients who initiated complaints to the Board that said
through hypnosis, he implanted false memories of sexual and satanic
abuse into their minds. The State filed a complaint alleging that
respondent violated the American Psychological Association (APA) ethical
standards in his treatment of the three female patients. The board
ordered respondent's license suspended for three years.
- In the Matter of the Disciplinary Proceedings Regarding the License to
Practice Medicine in the State of Colorado of Spencer K. Annenberg,
M.D., License No. 23426, Before the State Board of Medical Examiners,
State of Colorado, Case No.: ME 96-08. Final Board Order dated
September 17, 1996, revoking the license to practice medicine in the
State of Colorado of Spencer K. Annenberg. The Board based their ruling
on evidence presented in three complaints against Annenberg: Two by
former patients and a third-party complaint filed by the parents of one
of Annenberg's patients. The Medical Examiners' comments regarding the
third-party complaint include the following: Respondent ignored the
patient's presenting symptoms which suggest she was suffering from
depression and mourning in relation to the rupture of her significant
romantic relationship; Respondent diagnosed the patient as suffering
from repressed prior trauma. -- The basis for Respondent's diagnosis of
repressed prior trauma was flimsy at best; Based on his diagnosis,
Respondent embarked on an intense, insight-oriented treatment in which
he assumed that the patient's problems arose from deeply rooted
experiences in the past which need to be dug out. The patient began a
downhill course and was no longer able to function at her previous
level. Respondent recognized the deterioration of the patient's mental
health but did nothing to reevaluate or reorient his treatment plan.
See, FMSF Newsletter, February, 1997.
- In the Matter of the Accusation against: Douglas Detrick, Ph.D.,
Before the Board of Psychology, Department of Consumer Affairs, State of
California, Case No. W-46, OAH No. N9510015. Stipulated Settlement and
Decision dated January 15, 1997. Detrick, a Porto Valley Psychologist
who specialized in treating patients for Multiple Personality Disorder,
surrendered his license under threat that the license would be revoked.
Following a nine-month investigation, the California State Attorney
General's office filed a complaint against Detrick accusing him of 16
acts of gross negligence in the treatment of three women patients from
1987 to 1991. The first woman, "K.W." was treated for nearly three
years for multiple personality disorder allegedly brought on by a
history of satanic ritual abuse, sexual abuse and torture. A second
woman, "L.B." alleged that Detrick's heavy use of "abreaction" or
reliving of past abuses, left her in a deteriorated mental state
culminating in a second suicide attempt. The third woman, "M.M." had
been treated up to two hours a day, five days a week for nearly two
years. Detrick had her relive satanic ritual abuse allegedly suffered
as a child. "M.M." committed suicide in September, 1991.
See, FMSF Newsletter, February, 1997.
- In the Matter of Patricia Mansmann, psychologist and Patricia
Neuhausel, social worker of Genesis Associates, Exton, Pennsylvania,
Before the Pennsylvania State Board of Psychology. The State Board of
Psychology approved a consent agreement on March 4, 1997, which bars
Mansmann and Neuhausel from counseling for several years. Last March,
1996, the state filed 229 counts of misconduct against Mansmann and
Neuhausel charging their methods used in their treatment were harmful,
disruptive and dangerous. Under the consent agreement, which was
approved by the State Board of Social Work Examiners last month,
Mansmann and Neuhausel are barred from practicing psychological
counseling or social work for what is expected to be a period of two to
three years. For the balance of the five-year period, they would be
allowed to practice under the eye of a state appointed monitor.
See, Gordon, S., "Therapy licenses pulled: Two Exton
practitioners have been barred by the state from all counseling for
several years," The Philadelphia Inquirer, March 5, 1997.
See, also, PBS Frontline, Divided Memories,
- In the Matter of the Disciplinary Action Concerning the Counselor
Registration of Linda Rae McDonald, Respondent. State of Washington,
Department of Health Counselors, RC 94012, OPS No. 95-03-09-715 RC,
Agreed Findings of Fact, Conclusionsof Law and Order dated July 14,
1995. The State of Washington suspended the license of Linda Rae
MacDonald of Gateway Counseling for 5 years and fined $5,000 on grounds
she acted incompetently when she "validated" memories of alleged
childhood sexual abuse and satanic ritual abuse. All but 3 months of
MacDonald's suspension and $500 of her fine were suspended providing she
further her education and refrain from working alone. Her work must be
supervised and the supervisor must file reports with the state assessing
her performance. According to Velma Rogers, Program Representative,
Counselor Programs in a letter to Mr. and Mrs. Charles Noah dated
February 15, 1995, "This is very likely the first time that any State
Deparmtent of Health has acted in this way on a complaint by a third
party (parent) against a therapist/counselor of their daughter."
The Seattle Times, August 4, 1995, "Bellevue Therapist's License
Suspended,"
- In the Matter of Alfred H. Ells, Arizona Board of Behavioral Health
Examiners, BBHE No. 07909. Ells, who has been practicing Christian
based therapy for 20 years, is on one year's probation because of
complaints of five Arizona families. The board, after reviewing the
facts of the Larson case, found Ells guilty of unprofessional conduct
and gross negligence. In both the Larson and S. cases, Ells told
the patients they were possessed by devils. Peter Loiselle, a board
member, said Ells wrongly convinced patients they were abused as
children. Ells, who runs the House of Hope counseling service in
Scottsdale, plans to continue his practice because the state does not
require therapists to be certified. The revocation of Ells' certificate
is stayed pending appeal to the Superior Court.
See, Whiting, B., "Counselor hit with another suit: Woman claims
therapist planted "false memories,'" The Arizona Republic, January 20,
1995, B-2, regarding two lawsuits against Scottsdale counselor, Alfred
H. Ells and others accused of planting "false memories" of child sexual
abuse and Satanism during therapy. See, also, S. v. House of Hope
listed below.
See, also, Snyder, J., "Therapist's certificate revoked in
"demon' diagnosis," The Arizona Republic, April 7, 1996.
Other Actions
- Barbour v. Otten, Franklin County Circuit Court, Missouri, Case No.
CV-195-1458CC. Concordia Seminary Professor Joseph Barbour sued a
religious newspaper, its editor and the regional synod for libel based
on a May 1995 article which described repressed memory therapy as
dangerous. According to the article, one of Barbour's clients had
accused her father of rape, incest and sacrificing babies to Satan. The
charges were investigated by church officials who found that there was
no evidence or basis in fact for the charges which Barbour and his
client insisted were true. During deposition examination by defense
attorney, Robert Doggett, Barbour spoke of his practice which, he says,
includes about 80 clients who believe they had been satanically abused.
Barbour also stated that multiple personality disorder is due to sexual
abuse 98% of the time. Plaintiff dropped the case in January, 1997.
See, "Therapist describes ritual abuse during deposition,"
Christian News, October 7, 1996. Excerpts of deposition testimony
published (it has reported ongoing developments in this case since
1995).