False Memory Syndrome Foundation - Vol 06 No 02 - 1997 feb

Magazine Overview

This issue of the False Memory Syndrome Foundation (FMSF) Newsletter, dated February 1997, Volume 6, Number 2, addresses critical issues surrounding repressed memories, false accusations, and the diagnosis of Post-Traumatic Stress Disorder (PTSD). The newsletter emphasizes the importance of a balance between enforcing rules and ensuring their fair application in society, cautioning against an overemphasis on enforcement without considering justice.

The "Day of Contrition" Commemoration

The issue highlights a significant event held in Salem on January 14, 1997, marking the 300th Anniversary of the "Day of Contrition." Approximately 200 people gathered to acknowledge the hysteria and judicial errors of the 1697 witchcraft trials, during which 19 people were executed. Sponsored by the San Diego-based Justice Committee, the event featured video presentations by authors Arthur Miller and William Styron. Participants had the opportunity to apologize to individuals who had been wrongly imprisoned, such as Kelly Michaels, Bobby Fijnje, and Brenda. The event aimed to foster an apology for injustices and promote a better balance in the justice system. Presentations covered topics including child protection, historical analogies to Salem, overzealous prosecution, the role of the media, and the search for systemic balance.

Repressed Memory Lawsuits Data

A graph on the front page presents data from the FMSF Legal Survey, illustrating the filing dates of 517 lawsuits in the United States based on "repressed memory" evidence. The data shows that 15% of these cases were criminal and 85% were civil. Notably, there was a significant growth in lawsuit filings in 1992, followed by a sharp drop after 1994. The newsletter also indicates that more repressed memory cases are being dismissed or dropped now compared to 1992, with data also presented on cases from Canada and those involving accusations of child abuse and recovered memories.

Critique of PTSD Diagnosis

A substantial portion of the newsletter is dedicated to a review of Professor Allan Young's book, "The Harmony of Illusions: Inventing Post-Traumatic Stress Disorder." The review critically examines the history and scientific basis of PTSD, suggesting that the concept of repression and recovered memories may be more of a literary device than a scientifically validated phenomenon. The article traces the historical roots of traumatic memory concepts, from literature to the development of diagnostic manuals like the DSM-III. It questions the scientific rigor of PTSD research, highlighting the lack of agreement on its prevalence and the difficulty in establishing a clear link between trauma and subsequent illness. The review points out that the diagnosis of PTSD has become increasingly prevalent, particularly for women experiencing mood and anxiety symptoms attributed to forgotten childhood sexual abuse. The article suggests that the financial incentives associated with PTSD disability income may have contributed to its proliferation. It also criticizes the lack of adequate comparison groups in brain imaging studies related to PTSD, which often imply causation without sufficient evidence.

Legal Corner: Malpractice Cases

The "Legal Corner" section details several significant legal cases involving allegations of malpractice against therapists and psychiatrists. One case involved Sue Tinker's settlement of $650,000 against Dr. Alan Tesson in Florida, who was accused of using hypnosis to retrieve "repressed memories" of satanic ritual abuse (SRA) and having an affair with the patient. The plaintiff's attorney argued that Tesson implanted false memories and consulted with SRA "experts." Another case involved Melody Gavigan's malpractice suit in California, which settled out of court. Gavigan alleged that her therapists encouraged her to falsely accuse her father of child abuse. A second California case involved Lori Roberts, who also settled out of court with the final defendant in a malpractice suit.

Other Features

The newsletter includes a section on "Roundtables for Conference Taking Shape," outlining planned small group discussions for the FMSF family conference in March 1997. Topics range from family mediation to dealing with licensing boards and retractors. There is also a "Make a Difference" section, highlighting efforts to counteract the harm of FMS, including a mother's efforts to inform her local newspaper about FMS by tying it to the movie "The Crucible." Another article discusses the APA's "Principles of Informed Consent in Psychiatry." A survey conducted by Terry Collins explores the health effects on parents facing false accusations, revealing significant physical and emotional deterioration in a majority of respondents.

Recurring Themes and Editorial Stance

The FMSF Newsletter consistently advocates for a balanced approach to justice, emphasizing fair application of rules and cautioning against the uncritical acceptance of theories like repressed memory and the diagnosis of PTSD. The publication appears to be critical of certain therapeutic practices and diagnostic trends, particularly those that may lead to false accusations or unwarranted psychological diagnoses. The editorial stance supports rigorous scientific inquiry and highlights legal challenges to what it perceives as flawed methodologies and practices within psychiatry and psychology. The newsletter also emphasizes the importance of family resilience and the need for dialogue and reconciliation in cases involving accusations.

This issue of the FMS Foundation Newsletter, dated February 1997, Volume 6, Number 2, focuses on legal cases, ethical complaints, and the complexities surrounding false memory syndrome and recovered memory therapy. The newsletter is published by the FMS Foundation and has an ISSN of 1069-0484. The cover headline highlights the False Memory Syndrome Foundation itself.

Key Articles and Cases

Lori's Case: Sodium Amytal and Retrieved Memories

The issue begins with a case involving a woman named Lori, who, after suffering from depression, underwent sodium amytal intravenously. During this session, she reported seeing her father molest her, an event she initially believed to be a "retrieved memory." Her attorney, Donald A. Eisner, questioned the necessity of her inpatient treatment. The case was headed for arbitration, but the insurance adjustor offered a settlement.

Cheryl D. v. Estate of Robert D.B.: Public Policy and Discovery Rule

The Minnesota Court of Appeals ruled that the discovery rule does not apply to an adult incest case, citing public policy reasons. Cheryl D. sued her father's estate for alleged incest from 1975-1976, claiming she only discovered the cause of her psychological injuries in 1993. The court, referencing the Pritzlaff case, held that applying the discovery rule would be unfair to the deceased defendant's estate and that stale or fraudulent actions outweigh such claims. Judge Anderson stated that allowing the action would be "clearly violative of public policy."

Eighth Circuit Court of Appeals Overturns Child Sexual Abuse Convictions

In a significant ruling, the Eighth Circuit Court of Appeals overturned the convictions of four Native American men accused of aggravated sexual abuse of children. The court found that the trial judge erred by denying the defendants the opportunity to present expert testimony on "suggestibility" and by not allowing independent medical and psychological examinations of the children. The accusations against the children reportedly "expanded fantastically" while in the custody of the Social Services Department.

"Cleared of Child Abuse Five Times, Woman Sues Connecticut"

Susan Leventhal of Berlin, Connecticut, sued the state's Department of Children and Families after multiple anonymous calls and investigations yielded no evidence of child abuse. She claims a constitutional right to confront her accusers and intends to sue for harassment if their identities are revealed. An editorial in The New York Times calls for a "crack down" on false reports while preserving anonymous reporting.

Canada Lets Defendants Turn the Tables on their Prosecutors

Canadian Appeals courts have broadened the criteria for proving prosecutorial misconduct, making it easier for defendants to sue prosecutors for negligence. This development has made provincial attorney general offices "unhappy and very uncomfortable" due to the increased potential for lawsuits.

Ethical Complaints: A Shift in the Psychological Landscape

Loren Pankratz, Ph.D., discusses the significant increase in ethical complaints against psychologists in Oregon between 1976 and his return to the Ethics Committee in 1988. He notes the growing number of licensed psychologists and other mental health professionals, leading to more consumer options. Pankratz suggests that the ethical standards of the American Psychological Association, while demanding, can hinder third-party complaints due to client confidentiality. He recommends educating clients about therapy termination criteria and emphasizes the importance of a scientific approach over psychological fads.

Colorado Board of Medical Examiners Revokes License of Spencer K. Anneberg

Psychiatrist Spencer K. Anneberg's license was suspended by the Colorado Board of Medical Examiners based on three complaints. One complaint, filed by the parents of a patient, detailed how the patient's mental status deteriorated under Anneberg's care, leading to hospitalization and a suicide attempt. The Board found Anneberg failed to perform a careful psychiatric examination, ignored the patient's symptoms of depression, and based his diagnosis of repressed prior trauma on flimsy evidence. The article includes an editorial comment comparing "generally accepted standards of practice" to traffic laws, emphasizing that individual compliance matters regardless of others' actions.

Minnesota Board of Medical Practice and Diane B. Humenansky

Psychiatrist Diane B. Humenansky entered a plea of no contest to allegations of professional incompetence and unprofessional conduct. The Minnesota Board of Medical Practice found that Humenansky had multiple complaints against her, a Board-ordered mental evaluation indicated probable inability to practice medicine, and two juries had found her negligent. Her insurance company had settled with four former patients accusing her of planting false memories of abuse.

Douglas Detrick: License Surrendered Amidst Abuse Allegations

Douglas Detrick, a psychologist specializing in multiple personality disorder, surrendered his license to the California Board of Psychology under threat of revocation. He was accused of 16 acts of gross negligence in treating three women patients, including allegations of facilitating false memories of satanic ritual abuse, leading one patient to commit suicide. Detrick denied the allegations, attributing them to "false memory involving these patients."

Reader Letters: Restoring Family and Relationships

Several letters from readers discuss the challenges of family reconciliation after accusations of abuse and false memories. One letter from "A Happy Mom and Dad" expresses gratitude for the FMS Foundation's support in navigating their daughter's retraction and restoring their family. Another letter from "A Retractor" describes the painful and draining process of retracting accusations and the need for acknowledgment of responsibility for healing. "A Father" shares his perspective on family reconciliation, emphasizing the need for full, open disclosure and responsibility.

"She Believed" by Michael Steinberg

This section presents a narrative titled "She Believed," detailing a woman's belief in a vast, ancient, evil cult controlling the world and influencing institutions, which she attributes to her therapist and feminist role models. The narrative describes her "recovered memories" of extensive abuse.

Recurring Themes and Editorial Stance

The newsletter consistently addresses the controversial nature of recovered memory therapy and its potential for generating "false memories." It highlights legal cases where these issues have significant consequences, including overturned convictions, license revocations, and civil lawsuits. The FMS Foundation appears to advocate for a critical examination of recovered memory claims, emphasizing the importance of rigorous scientific evidence and due process. The editorial stance leans towards skepticism regarding unsubstantiated claims of repressed abuse, particularly when they lead to accusations against family members or result in legal actions. The newsletter also provides practical information, such as meeting schedules and membership details, for its readers.