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Personal Injury
Medical Malpractice
Negligence

Jan White v. Will Rigan

Published: Feb. 23, 2008 | Result Date: Oct. 30, 2007 | Filing Date: Jan. 1, 1900 |

Case number: SCV236613 Verdict –  Defense

Court

Sonoma Superior


Attorneys

Plaintiff

John L. Fleer


Defendant

Kevin M. Smith


Experts

Plaintiff

A. Steven Frankel
(medical)

Martin H. Williams
(medical)

Defendant

Steven F. Bucky
(medical)

Bernard S. Rappaport
(medical)

Michael W. Carlton
(medical)

Alan W. Scheflin
(technical)

Facts

Plaintiff Jan White, a 53-year-old disabled gardener, received treatment from June 1997 to May 2005 from defendant Will Riggan, a marriage and family therapist. In addition to plaintiff's problems with addiction, defendant diagnosed her with dissociative identity disorder, post-traumatic stress disorder, multiple personality disorder, depression, and anxiety. The plaintiff sued defendant for professional negligence.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant's treatment did not help her. In fact, defendant exacerbated the chaos of her everyday life by lending credence to her delusions and advising her to give up her pet. The defendant forced plaintiff to spend $2,000 to $4,000 boarding her beagle, believing the dog should be put up for adoption for its own safety. The plaintiff's delusions may have been implausible, but the adverse effect that defendant's treatment had on her life was real.

DEFENDANT'S CONTENTIONS:
The defendant contended he never validated or encouraged plaintiff's fears, but tried to make sense of her delusional beliefs. He did not discover plaintiff's dog was adopted until after it happened. Plaintiff was not harmed as a result of defendant's treatment. Instead, her abuse of alcohol and pain medication exacerbated her condition, undermining any progress she made during seven and half years of psychotherapy.

Damages

The plaintiff sought $67,000 to $75,600 in economic and $300,000 to $400,000 in noneconomic damages.

Injuries

The plaintiff claimed defendant's treatment caused her severe emotional distress.

Result

The jury found defendant negligent, but not a substantial factor in causing plaintiff's harm.

Other Information

Insurer: TransAmerica Insurance Group for Riggan.


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