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CONFIDENTIAL

Sep. 3, 1994

Personal Injury (Non-Vehicular)
Psychiatric Malpractice
Abuse of Transference

Confidential

Settlement –  $175,000

Judge

Randell L. Wilkinson

Court

Orange Superior


Attorneys

Plaintiff

David L. Margulies


Experts

Plaintiff

R. Scott Sullender
(medical)

David N. Glaser
(medical)

Defendant

Stephen S. Marmer
(medical)

John Hockman
(medical)

Ted D. Evans Ph.D.
(medical)

Marshall S. Cherkas
(medical)

Facts

In 1988 Plaintiff, a 41-year-old music teacher, was hospitalized and diagnosed with multiple personality disorder. She was referred to Defendant "A" by Defendants psychiatrist and psychologist. He had represented himself as a pastoral counselor. At the encouragement of Defendant A, Plaintiff stopped seeing her then psychiatrist (not a party to this case) and began seeing him for psychotherapy. She continued to see him for 1 1/2 years, paying him $1,000 per month. In addition, Defendant A had Plaintiff and her husband make donations and raise money for his youth foundation. Plaintiff and her husband also entered into a business relationship with Defendant wherein they deeded him 1/2 interest in their home. Defendant psychiatrist prescribed Plaintiff several psychotropic drugs and refills, without seeing her again, but relying on the Defendant A to monitor the medications. Plaintiff attended several therapy groups with Defendants A and psychologist and was advised that Defendant psychologist was a supervisor of Defendant A.

Settlement Discussions

Plaintiff contends Plaintiff made a 998 demand of $325,000; Defendant A made a 998 offer of $100,000; Defendant psychiatrist made a 998 offer of $25,000; and Defendant psychologist made a 998 offer of $5,000.

Specials in Evidence

collateralized not specified

Damages

$18,000 paid to Defendant A and/or his foundation; loss of the value of real property valued at $75,000.

Injuries

Severe emotional and psychological distress; inability to trust and enter into a meaningful psychological care; bulimia; suicide attempt.


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