False Memory Syndrome Foundation - Vol 06 No 08 - 1997 sept

Magazine Overview

This issue of the False Memory Syndrome Foundation Newsletter, dated September 1997, Volume 6, Number 8, focuses on recent legal developments and their implications for the recovered/repressed memory controversy. The editorial team notes a significant amount of positive news in the legal, research, and literary areas, indicating a potential shift in the public and legal perception of recovered memories.

Legal Cases and Court Rulings

The newsletter details several key appellate-level court decisions that have addressed the admissibility and reliability of repressed memory testimony. A central theme is the trend towards skepticism and the requirement for scientific validation.

New Hampshire Supreme Court Decisions

The issue highlights two New Hampshire Supreme Court rulings. In *State of New Hampshire v. Hungerford / Morahan*, the court upheld a trial court's decision that repressed memory testimony was not generally accepted as valid and reliable within the pertinent scientific community. The court established an eight-pronged test for trial courts to follow when determining the admissibility of such evidence, emphasizing the need for peer review, general acceptance, empirical testing, known error rates, witness age, time between event and recovery, objective corroboration, and the circumstances of memory recovery (e.g., suggestive therapy).

In a subsequent case, *State of New Hampshire v. Walters*, the Supreme Court reversed a lower court's ruling that allowed repressed memory testimony. The court reiterated that the proponent of such testimony must demonstrate its reliability and that it must meet the eight-pronged test from *Hungerford*. The court expressed concern about the difficulty of cross-examining dreams and the potential for suggestive therapy to skew memory.

California Court of Appeal Ruling

The *Engstrom v. Engstrom* case saw the California Court of Appeal affirm a non-suit. The court found that the standard of admissibility under the Kelly-Frye rule had not been met, stating that without independent corroboration, it is impossible to ascertain whether revived memories are actual facts or pseudomemories. The court also clarified that California Civil Code of Procedure Section 340.1, concerning the statute of limitations for childhood sexual abuse, does not pertain to the admissibility of repressed memory evidence.

North Carolina Court of Appeals

In *Barret v. Hyldburg*, the North Carolina Court of Appeals affirmed a lower court's decision to preclude plaintiff's testimony regarding repressed memories unless accompanied by expert testimony explaining the phenomenon. The court cited the New Hampshire decision, stating that it is disingenuous to expect a jury to evaluate such claims without expert aid. The court also noted, but did not rule on, a second issue regarding the lack of scientific assurance of reliability.

Wisconsin Supreme Court Decision

The Wisconsin Supreme Court, in *John BBB v. Archdiocese of Milwaukee*, affirmed the dismissal of seven consolidated cases involving allegations of sexual abuse by clergy. Applying the discovery rule, the court concluded that the plaintiffs' claims were barred by the statute of limitations. For repressed memory claims (Type 2), the court held that allowing them to indefinitely toll the statute of limitations would be contrary to public policy and defeat the purpose of limitations statutes.

Texas Court Revisits Decade-Delayed Claim

In *Marshall v. First Baptist Church of Houston*, the Texas Court of Appeals affirmed a summary judgment for the defendant, finding the claim time-barred. The court disagreed with the plaintiff's argument that the discovery rule should apply, stating that the plaintiff was aware of both the alleged wrongful acts and the injury, thus failing the 'inherently undiscoverable' prong of the discovery rule.

Trial Level Decision in New York

A New York Supreme Court case, *Pietro v. Wilkinson*, urged the Legislature to adopt a new "discovery rule" for sex abuse cases, although the current plaintiff's suit was deemed untimely. The CPLR report noted that the proposed bill's rationale, based on the belief that repressed memory syndrome is common, was problematic given the controversial nature of recovered memory theory.

Settlements

The newsletter reports on a settlement in *Linda Bean v. Mark Peterson, Carol Peterson*, where the plaintiff sued her psychologist and a social worker for alleged malpractice, including an unacceptable form of "reparenting" therapy that convinced her she suffered from sexual abuse.

Psychiatric Fraud and Medicare

Two significant cases of alleged psychiatric fraud are highlighted. Tenet Healthcare (formerly National Medical Enterprises) agreed to pay $100 million to settle cases involving former psychiatric patients who claimed they were admitted for insurance purposes and kept until benefits were used up, sometimes being subjected to restraints. Additionally, a Texas jury awarded former patient Lynn Carl $5.8 million from psychiatrist Gloria Keraga, M.D., alleging that the therapy implanted false memories of abuse, leading to expensive treatment and insurance collection.

An audit of Medicare found $23 billion in overpayments due to inept management rules, with payments recorded as improper when medical records did not show a need for services.

Other Articles and Features

Videotaped Discovery of a Reportedly Unrecallable Memory of Child Sexual Abuse

This section reviews a case study comparing a child's memory of alleged sexual abuse at age 6 and age 17, raising ethical concerns about corroboration and the process of memory retrieval through therapy.

"Mere Memory Testing Creates False Memories in Children"

This article discusses research indicating that initial recognition tests can elevate children's false memory responses.

Chatelaine Magazine Feature

*Chatelaine* is noted as the first Canadian magazine to explore the recovered memory controversy in depth, focusing on a family's experience.

Notes from New Zealand

Felicity Goodyear-Smith, M.D., recounts her early work in the sexual abuse field and her growing concern about false allegations. She describes establishing COSA (Casualties of Sexual Allegations Inc.) in New Zealand due to the lack of services for families affected by such claims. She observes a growing awareness of how memories can be distorted and notes that in New Zealand, without a statute of limitations, therapists are increasingly talking about "enhancing" rather than "recovering" memories.

"Abuse Revisited: 15th International VOICES In Action Conference"

Michele Gregg reports on attending a conference for incest and sexual abuse survivors. She notes themes of "moving on" from past trauma, the potential for therapists to overly influence clients, and the cultural penchant for demonizing parents. She raises concerns about the impact on survivors' own children and the need for therapists to screen for abuse or deficient parenting skills.

FMSF Newsletter Mentions

The newsletter includes a "First Major FMS Play" review of a play titled "Anna Weiss," and announces the upcoming publication of the first FMS novel, "Try to Remember" by Zane Kotker.

Recurring Themes and Editorial Stance

The recurring theme throughout this issue is the increasing legal and scientific skepticism towards recovered memory claims. The False Memory Syndrome Foundation Newsletter consistently advocates for rigorous scientific standards and corroboration in cases involving allegations of recovered memories. The editorial stance is critical of therapeutic techniques that may lead to the creation or distortion of memories, emphasizing the potential for harm to individuals and families. The newsletter highlights legal victories and rulings that support its position, while also acknowledging the ongoing challenges and the need for continued vigilance. The shift in legal precedent and the growing public awareness suggest that the foundation views this as a period of progress in addressing what it considers a flawed and potentially damaging phenomenon.

Title: FMS Foundation Newsletter
Issue Date: September 1997
Volume: 6
Issue Number: 8
Publisher: FMS Foundation
Country of Publication: USA
Original Language: English
ISSN: 1069-0484
Document Type: Magazine Issue

This issue of the FMS Foundation Newsletter, dated September 1997, focuses heavily on legal cases, the concept of recovered memories, and the accountability of therapists and other professionals involved in such cases. The cover story highlights the review of third-party standing issues by high courts in Pennsylvania and New Hampshire.

Key Articles and Features

Legal Cases and Lawsuits

• Downing v. McDonough (Massachusetts): Jan Downing sued her therapist, Thomas McDonough, for allegedly telling her she wouldn't improve unless she retrieved memories of sexual abuse. The case, which was featured on CBS's "Sixty Minutes," settled confidentially in July 1997 after six years.
• Lawsuit Against Attorney Settled in Pennsylvania: A New Jersey couple settled a lawsuit against attorney Nancy Wasser, who represented their daughter in a suit alleging sexual and Satanic abuse. The original suit against the couple was dismissed, and the subsequent suit against Wasser was for wrongful use of civil proceedings, infliction of emotional distress, and invasion of privacy.
• George Franklin v. Lenore Terr, et al. (California): George Franklin, whose murder conviction based on his daughter Eileen's repressed memory testimony was overturned, filed a civil suit against Eileen, her therapist Kirk Barrett, psychiatric expert Dr. Leonore Terr, and county officials. The suit alleges violations of civil rights and conspiracy related to hypnosis and perjured testimony.
• Can therapists be held accountable for a recovered memory? (New Hampshire): This section details Joel Hungerford's $2 million lawsuit against his daughter's therapist, Susan L. Jones, following accusations of sexual abuse. The federal court referred questions about the therapist's legal duty to the New Hampshire Supreme Court.
• Althaus v. Cohen (Pennsylvania): The Superior Court of Pennsylvania ordered re-argument on the issue of a psychiatrist's liability to a third party. A jury had previously awarded damages against Dr. Judith A. Cohen for allegedly implanting false memories of sexual abuse in a patient.

Thoughts and Observations from the Father of a Refactor

Saul Wasserman, M.D., offers observations on the typical FMS pattern in adults. He notes that the sexual abuse survivor belief system is a closed system, resistant to external information. He discusses the dependent relationships individuals form with therapists and how these can be unsustainable. Wasserman suggests that reconciliation processes are difficult but possible, and that media discussions can sometimes help retractors rethink their situations. He emphasizes that retraction is an emotionally difficult process that can take a long time and advises against confronting accusers with anger, advocating instead for a loving stance.

Make a Difference

This section highlights actions taken by individuals to counteract the harm caused by FMS. It includes advice from a mother in California to persist in writing to media outlets, and from a father encouraging family members to speak out about their experiences in response to articles and news shows. A contributor from Missouri shares success in circulating books about FMS in public libraries.

From Our Readers

• Retreading Common Ground v. Middle Ground: D. Stephen Lindsay, Ph.D., responds to previous letters, discussing the definition of "corroboration" in recovered memory cases. He argues that a "middle ground" approach, which lumps together true and false memories, is unacceptable to those accused and puts the presumption of innocence on its head. He advocates for rigorous corroboration of recovered memories.
• Paula Tyroler, Ph.D.: Responds to Steve Lindsay, clarifying her position that recovered memories should be viewed as uncertain and their veracity determined by corroboration. She outlines criteria for a therapist to affirm a client's new memories and discusses the high stakes involved.
• Allen Feld: Responds to Tyroler and Lindsay, reiterating the Foundation's position that not all recovered memories are false and that the Foundation does not dismiss all claims. He warns against misperceptions of the Foundation's stance.
• A Thank You: A letter expressing gratitude to "K" and "L" for their efforts, noting that publicity surrounding FMS issues may have helped their daughter reconsider her involvement with recovered memory therapy.
• A United Family: A letter from a father whose daughter, after a family confrontation and psychiatric intervention, has returned and is affectionate, indicating family recovery.
• A Dad: Expresses wonder at how a psychiatrist could overlook the possibility of being wrong in a case involving incest allegations.
• Message from a Retractor: Donna Anderson shares her experience at an FMS Foundation conference, describing the emotional impact and the sense of community among retractors and their families.
• Ex-Spouses of FMS Victims: David P. seeks contact with other ex-spouses to discuss issues related to divorce, custody, and harassment stemming from a spouse's involvement with FMS therapy.

Conferences and Meetings

• Several upcoming events are listed:
• Quinnipiac College School of Law Conference (CT): "Weighing the evidence of recovered memories: Legal, scientific and clinical issues" on November 14, 1997.
• 1st Meeting (El Paso, Texas): October 8, 1997.
• Rocky Mountain Region Events: Several events in October 1997, including seminars and a meeting with the Rutherfords.
• Illinois FMS Society Meeting: "What is the Mental Health Industry doing to stop 'Junk Therapy?'" on October 18, 1997.
• Northern Mountain Region Meeting (Montana): October 18, 1997.
• Tri-State Meeting (Pennsylvania, New Jersey, Delaware): November 1, 1997.
• Florida Conference: "Crisis in the Church: Counseling Abuse" on November 14-15, 1997, including a special meeting for falsely accused families.

FMSF Bulletin Board

This section provides contact information for FMS Foundation local chapters and meetings across the United States, Canada, Australia, Israel, Netherlands, New Zealand, Sweden, and the United Kingdom. It also includes information on how to submit meeting notices for future newsletters.

FMS Foundation Information

Contact information for the FMS Foundation, including its address, phone, and fax numbers, is provided. Information on subscribing to the FMSF Newsletter and yearly membership options is also included, with rates for professional, family, and student memberships.

Recurring Themes and Editorial Stance

The recurring themes in this issue are the legal ramifications of recovered memory claims, the debate over the validity and corroboration of such memories, and the ethical responsibilities of therapists. The FMS Foundation maintains a stance that acknowledges the possibility of both true and false recovered memories, emphasizing the need for careful evaluation and corroboration. The newsletter aims to provide a platform for retractors, falsely accused individuals, and their families, while also informing the public and professionals about the complexities of recovered memory issues. The editorial stance appears to be one of advocating for a balanced approach that does not dismiss all claims but rigorously examines the evidence, particularly in legal and therapeutic contexts.