Congratulations to my friends at Greg Kafoury, Mark MacDougal and the rest of their team for obtaining a multi-million dollar verdict on behalf of a patient who was sexually abused by an EMT.

According to this report in The Oregonian, the Portland jury returned a verdict totaling $2.25 million against American Medical Response amublance company. The jury apparently concluded that American Medical Response knew or had reason to know that its EMT, Lannie Haszard, might have sexually abused patients.

The news report explains that three women had complained to police and the company about prior sex abuse incidents. I imagine that the evidence of prior complaints had a major impact on the jury.

These cases are particularly challenging, especially for the victim who must come forward and rehash the events in the litigation and at trial. I’m appreciative that she found the strenght to do so and that the jury listened to the evidence and set the standard for our community.

David Sugerman

The Ninth Circuit Court of Appeals ruled Tuesday that the Vatican must answer a claim for damages arising out of the sexual abuse of Doe.  Here’s a link to the pdf of the long opinion. The upshot is that the case cleared the first low hurdle, in that the Court found the Holy See is not immune from the lawsuit.

No telling where this goes. It’s premature to conclude that Doe will prevail against the Vatican. But he will get his day.

David Sugerman

Here’s a chilling news report on problems with emergency medical technicians sexually abusing patients.  As with any profession, it’s easy to look away or bury sexual abuse allegations. It’s simply too sick and painful to think that an ambulance attendant would use the cover of medical care and an incapacitated patient for sexual gratification.

Kudos and appreciation to my pal, Portland attorney Greg Kafoury, who is quoted in the article, for taking on these cases. I’ve handled medical profession sex abuse cases. Rather than saying “thank you” some members of the medical community sometimes shun lawyers who handle these hard cases.  Kafoury isn’t someone to be deterred, so any opposition isn’t something that will get in his way.

As for the victims, I can imagine only few things worse. Patients are helpless when we enter the system. “No” doesn’t work when you’re strapped to a gurney, sedated, injured or otherwise in pain. Patient molestation does great violence to the medical system but that’s nothing compared to the violence done to the victims.

For sex abuse victims, the civil justice system can provide a means of getting back to solid land. To feel some measure of vendication and to make a molester face consequences sometimes helps the victim back to healing.

David Sugerman

On his U.S. visit, Pope Benedict XVI took pains to publicly declare his shame and embarrassment over the Catholic Church sex abuse scandals.  I have not handled any of the priest sex abuse cases, but I’ve watched them with interest because I’ve handled my share of other sex abuse cases by people in power.

The good part of this is that a reckoning happened, though it took decades and came too late for many who survived the horror of childhood sex abuse.  The reality is that this problem did not magically appear out of nowhere. The complaints about priests were made for years, and Church officials sheltered and shuffled those who had been the subject of complaints.

The reality is that it took lawsuits from within the civil justice system to visit shame and embarrassment upon the Pope.  I suppose that it’s human nature to deny and avoid the responsibility for causing horrifying injuries. Still, but for these lawsuits, we would be living in a continuing era of silence.

When people rant about the evils of the civil justice system, I always want to ask how they think the dark secret of church sex abuse would have been exposed without our system of justice.  Because if they have an answer, I surely want to know.

David Sugerman

Katherine Edson is a hero. She was one of the sedated patients who was molested by Dr. Burleson. Despite his knowledge of the abuse, Dr. Jay Malmquist apparently refused to disclose to the DA Ms. Edson’s identity. So she was kept in the dark for years.

Today’s news brings Ms. Edson’s story into focus. Ms. Edson filed a lawsuit recently and vowed to work for legislation that requires disclosure when a physician knows about sexual abuse of a patient.

For those who might criticize Ms. Edson, it shouldn’t have come to this. Dr. Burleson starts it by molesting anesthetized patients. And of course that is its own set of problems. But it appears that Dr. Malmquist hid the facts. He may have done so to protect either himself or Dr. Burleson. It’s not fair to draw firm conclusions about what happened from claims in pleadings or newspaper stories. Even so, I have no doubt that Ms. Edson is a hero for standing against secrecy.

Regardless of why Dr. Malmquist hid the information, hiding nurtures abuse. The thing about sex abuse is that it lives and breathes and grows through the medium of secrecy. This is especially true when the abuser is a physician. Kudos to this young woman for standing against secrecy.

David Sugerman

The United States Equal Employment Opportunity Commission (EEOC) filed suit in federal court in Portland on behalf of several female employees who claim to have been sexually harassed at Fred Meyer’s Oregon City store. Here is the url to the news report: http://www.msnbc.msn.com/id/23358954

According to news reports, the EEOC claims that Fred Meyer managers sexually harassed several female employees and then retaliated against the employees when they complained.

I suppose some might be critical that the government agency that is supposed to enforce discrimination laws filed suit. But speaking as someone who represents employees, it’s refreshing to see that the EEOC is enforcing employment discrimination laws.

David F. Sugerman