Facts

Plaintiff, a 24-year-old female, sought out mental health treatment from defendant Psycare Associates Inc. due to a prior traumatic event. Defendant Psycare assigned plaintiff to a male therapist, defendant Rodrigo Richen because plaintiff requested a male therapist. The male therapist treated the patient for several months and then was about to end the treatment because plaintiff was moving out of state. Plaintiff began to feel attracted to the male therapist during treatment and the male therapist asked her if she fantasized about him. The male therapist then asked plaintiff if they could meet after the therapy session ended. Plaintiff reserved a couple of hours at a hotel room and purchased it on her credit card. The male therapist went to the hotel room with the plaintiff and plaintiff stated that they had sex in the hotel room. The male therapist argued that he changed his mind last minute and nothing ever happened in the hotel room.

PLAINTIFF'S CONTENTIONS: Plaintiff argued that defendant Psycare fell below the industry's standard of care by failing to supervise the male therapist. Several months before the male therapist was assigned to the plaintiff, another female patient reported the male therapist to the company, stating that he made inappropriate and sexual comments during an intake evaluation. The prior patient stated that she did not want to get the male therapist in trouble.

DEFENDANT'S CONTENTIONS: Defendant Psycare alleged that once they found out about the prior complaint, they conducted weekly supervision of the male therapist for six months and that this upheld the industry's standard of care and their own company's guidelines. Defendant Psycare further alleged that the prior female complainant did not want to file a report against the male therapist and that his comments were just due to inexperience and naivete. Defendant alleged that plaintiff was the one seeking to have a sexual relationship with the therapist.

Insurer

Mutual Protection Trust

Settlement Discussions

Defense made a CCP 998 offer of zero dollars offer all throughout the case.

Specials in Evidence

Meds: $5,059 Future Loe: $595,000 Future Meds: $200,000

Injuries

Plaintiff suffered emotional distress

Result

Plaintiff's verdict for $1,750,059. Contributory/Comparative Negligence: 60% Psycare Associates Inc. and 40% Rodrigo Richen Economic Damages: $800,058.51 Non-Economic Damages: $950,000

Other Information

Defendant Richen's license was revoked by the California Board of Behavioral Sciences for Unprofessional Conduct effective July 22, 2021. Defendants have moved for judgment not on the verdict and a new trial.

Deliberation

eight hours

Length

five days