False Memory Syndrome Foundation - Vol 06 No 09 - 1997 oct

Magazine Overview

This issue of the False Memory Syndrome Foundation (FMSF) Newsletter, dated October 1997, focuses heavily on the legal and scientific aspects of the "memory wars," particularly concerning "recovered" or "repressed" memories. The cover story highlights a major shift in the legal arena, with the Ramona case concluding and appellate decisions increasingly questioning the scientific validity of recovered memories.

Legal Arena Shifts

The lead article details the conclusion of the Gary Ramona lawsuit against his daughter's therapist, psychiatrist, and hospital for implanting false memories. While the lawsuit against the father by Holly Ramona received less coverage, its ending is presented as more significant. The FMSF notes two key changes: a growing number of legal opinions finding that recovered memories lack scientific support for legal evidence, and a shift in proponents' claims about the nature of these memories. The Los Angeles Court of Appeal held a special hearing on the admissibility of Holly Ramona's testimony, which her lawyer argued was unreliable as all memories are fallible – a stark contrast to previous claims of special storage for trauma memories.

The FMS Foundation has consistently pointed to the lack of research supporting the reliability of recovered memories. Holly Ramona's initial accusation in 1990 was based on the truthfulness of her memories, but by 1997, she claimed uncertainty. The FMSF laments the destruction of families and the changes in statutes of limitation laws enacted based on the premise of recovered memory reliability.

The newsletter emphasizes that the recovered repressed memory debate is being decided in the legal arena through lawsuits against therapists. It notes the increasing number of such suits reaching juries and the growing size of awards, citing a $5.9 million award in the Lynn Carl case as an example of therapists being held liable for creating false memories.

However, the FMSF criticizes some media outlets, like the Columbia Journalism Review, for what it deems smear campaigns and misrepresentation of the Foundation's purpose.

Tragic Loss and Ongoing Work

Not all news is positive, with the passing of Violet Amirault, who, along with the Souzas and Perkins, was a symbol in the fight against injustice. Violet Amirault died of stomach cancer. Her daughter Cheryl Amirault LeFave and son Gerald had spent twelve years fighting charges of sexually abusing preschoolers at the Fells Acres Day Care in Massachusetts. Gerald remains in prison, while Violet and Cheryl were freed in 1995.

The FMSF acknowledges the sadness caused by false memories but stresses the need for continued work. The annual fundraising drive is underway, and the Foundation relies on dues and contributions. The tide is turning in the "memory wars," but the damage continues. Changes are being seen in the legal arena, insurance policies, and the handling of third-party complaints, but much work remains to help families reunite. Legal issues are ongoing, and accountability is needed.

Legislative News

The newsletter reports on legislative changes in Missouri and Illinois. Missouri passed a new section of the Psychology Practice Act and Rules Act allowing interested third parties to file complaints regarding a psychologist's treatment of a parent or guardian. Illinois Governor Edgar signed House Bill 1664, regulating hypnosis and limiting its practice in mental or physical health, which was of interest to the Illinois Psychologist Association, Illinois State Medical Society, and concerned FMS families.

Scientific Inquiry: Focus on Science

Dr. Harrison Pope, Jr., M.D., in the "Focus on Science" column, critically examines the methodology of studies claiming scientific evidence of "repressed memory." He argues that retrospective studies are flawed because they rely on unconfirmed recollections. Pope proposes prospective studies as a better method, involving documented traumas and later interviews to determine if subjects have forgotten the event. He outlines criteria for such studies, excluding cases of early childhood amnesia, neurological causes, ordinary forgetfulness, or deliberate non-disclosure. Pope concludes that, to his knowledge, no study has provided methodologically sound evidence that repression occurs, citing several studies on trauma survivors (Leopold and Dillon, Terr, Malt, Wagenaar and Groeneweg, Peterson and Bell) that found no evidence of repressed memories.

Another article, "How Suggestible are Preschool Children? Cognitive and Social Factors" by S.J. Ceci and M.L. Huffman, discusses studies on how children's reports can be undermined by suggestive questioning and stereotypes. It also notes that professionals struggle to distinguish true from false accounts in children's statements.

Legal Corner: Case Summaries

The "Legal Corner" provides summaries of several court cases related to repressed memory claims:

• Ramona v. Ramona (California): The Court of Appeals ordered dismissal of Holly Ramona's claim against her father, ruling her testimony inadmissible due to the use of sodium amytal during therapy, which is considered tainted under the Kelly rule. The court focused on the scientific validity of sodium amytal and memories recalled under its influence.
• Dalrymple v. Brown (Pennsylvania): The Pennsylvania Supreme Court refused to apply the discovery rule to repressed memory claims, stating it cannot nullify the purpose of statutes of limitations. The court expressed distrust of the theory behind repressed memory.
• M.E.H. v. L.H. (Illinois): The Illinois Supreme Court affirmed the dismissal of a repressed memory claim, finding no compelling reasons for the plaintiffs' delay in filing. The court noted that the statute of repose, which had been enacted and then repealed, barred the claims.
• Doe v. Dickinson (Minnesota): The Minnesota Court of Appeals affirmed the dismissal of a repressed memory claim for negligent infliction of emotional distress, holding that the statute of limitations had expired.
• Terry v. Transfiguration Lutheran Church (Michigan): The Michigan Court of Appeals found that plaintiffs claiming repressed memory, but failing to allege verifiable evidence, had their claims barred by the statute of limitations.
• Christensen v. Dept of Labor Industries (Washington): The Washington Court of Appeals affirmed the denial of benefits under the Victim's Compensation Fund, ruling that a claimant was not eligible for benefits for an alleged assault that occurred when she was an adult and not reported within the required timeframe.
• Joseph W. v. Catholic Diocese of Madison (Wisconsin): The Wisconsin Court of Appeals applied a recent decision to negligence claims, concluding that parents' claims arising from their child's sexual abuse accrued at the same time as their son's, and the statute of limitations was the same.
• Carl v. Peterson (Texas): A jury awarded nearly $5.8 million in a satanic memories case against therapists accused of implanting false memories of satanic ritual abuse. The judgment is believed to be the largest of its kind.

Public Opinion and Questions

The issue includes excerpts from reviews of the movie "A Thousand Acres," based on Jane Smiley's novel, which touch upon public opinion regarding "recovered memories." It also poses "Questions for Therapists," probing their acknowledgment and distinction of true versus false memories, and how they assess patients' suggestibility or potential for malicious claims.

Recurring Themes and Editorial Stance

The recurring theme throughout this issue is the FMS Foundation's consistent skepticism regarding the scientific validity and reliability of "recovered" or "repressed" memories. The editorial stance is critical of the legal and therapeutic practices that promote or rely on such memories, advocating for a more rigorous, evidence-based approach. The Foundation actively engages in legal advocacy through amicus briefs and disseminates research that challenges the concept of repressed memory. There is a clear emphasis on the potential for harm caused by therapeutic interventions that may create or reinforce false memories, leading to destroyed families and legal repercussions for therapists.

The FMS Foundation Newsletter, Volume 6, Number 9, dated October 1997, is a publication focused on the topic of False Memory Syndrome (FMS) and recovered memories. The issue features a prominent cover headline, "What the Foundation has said about memory," indicating a central theme of discussing the nature and reliability of memory.

Memory and Justice

A quote from Mary Gordon on June 9, 1997, from Fresh Air with Terry Gross, National Public Radio, sets a reflective tone: "And this is what's anguishing, I think, about memory, is in questions of justice. It's enormously important to try to figure out what really happened. But the more you try to unravel the past, the more the mix of fact and narrative overlay becomes inextricable."

Legal Case Highlight: Carl's Story

The newsletter details a legal case involving a patient named Carl, who was awarded damages after a jury found that therapists implanted false memories, worsening his condition and leading to expensive treatment. The jury attributed 12% of the liability to the therapist and 12% to Keraga, Inc. Carl's attorney, Skip Simpson of Dallas, argued that therapists created victims to profit from insurance. This case is presented as validating the stories of other patients who have suffered similar abuse.

FMS Foundation's Stance on Memory

Under the heading "What the Foundation has said about memory," the newsletter reiterates its long-standing position: "some memories are true, some a mixture of fact and fantasy and some are false." It clarifies that this applies to "normal" memory and that there is no scientifically accepted theory for special memory mechanisms for trauma. The burden of proof, it states, lies with those who claim such mechanisms exist. The newsletter cites Martin Conway, Editor, who suggests that recovering a few events doesn't require special memory mechanisms, and that current understanding of human memory can account for most phenomena, though amnesia for entire periods remains a challenge.

Several bullet points from previous issues (Vol. 2 No. 5 through Vol. 6 No. 8) are presented, consistently emphasizing that memories are reconstructed and reinterpreted, and that memories can be true, false, or a mix of both. The issue also touches upon the debate between those who argue repressed memories do not occur and those who support their recovery in therapy.

Book Reviews

Try to Remember by Zane Kotker

Reviewed by Adriaan Mak, this novel is described as an engaging attempt to understand how a young person can fall victim to false memory syndrome. Publishers Weekly is quoted as calling it "timely and trenchant," while Kirkus Reviews found the protagonist "gullible."

Psychology Astray: Fallacies in Studies of "Repressed Memory" and Childhood Trauma by Harrison G. Pope, Jr., M.D.

This book is presented as an indispensable guide for understanding research claims about recovered memories. A review from Nature magazine calls it a "model of clear thinking and clear exposition."

Recovered Memories and Other Nonsense

This review, also by Adriaan Mak, discusses a Dutch book by psychologists Hans Crombag and Harald Merkelbach. The book critiques the notion that childhood experiences solely determine one's life and challenges the scientific foundation of psychoanalysis, stating that "Recovered memories are always pseudo-memories."

Lost Daughters: Recovered Memory Therapy and the People It Hurts by Reinder Van Til

This book is described as containing first-hand accounts of families devastated by children who claimed to have recovered repressed memories of sexual abuse, alternating with analytical chapters that "expose the underbelly of the recovered memory movement."

A Late-Breaking Revelation: Dr. Frank Putnam's Shift

August Piper Jr., M.D., discusses revelations from a U.S. News and World Report interview with Dr. Frank Putnam, a leading MPD researcher. Dr. Putnam now believes that about 20% of MPD diagnoses are incorrect and acknowledges that therapists can become overly attached to the diagnosis. Piper notes that these claims echo points previously made by the FMSF. The article also critiques the use of EEG in diagnosing MPD, citing a 1982 study that found no inherent differences between the brains of MPD patients and normal individuals, and a scholarly text by Carol North et al. that states no laboratory measurement can differentiate MPD.

Other Topics and Columns

"Thoughts on the Cause of the Present Discontent"

This column, attributed to Edmund Burke, emphasizes the need for good people to associate against the combination of bad men. It highlights the FMSF's growth from a small group to over 18,000 people reporting similar experiences, demonstrating collective impact.

California and Canada Initiatives

Strategies for monitoring mental health seminars in California to identify and alert sponsors about "misinformation" are discussed. In Canada, a magazine's article advising a recovering alcoholic to read "The Courage to Heal" prompted complaints, leading to a subsequent positive article about False Memory Syndrome.

Indiana Mom's Library Initiative

A mother in Indiana describes her efforts to increase the availability of books on FMS in local libraries, noting that initially only three books were available. She received positive feedback and suggestions for promoting books like "Lost Daughters."

"Smiling through Tears" Book

This section promotes a new book featuring over 125 cartoons by 65 cartoonists, which describes the complex web of psychological and social elements nurturing the recovered memory movement. Advance comments from Alan Gold and Mort Walker are included, as well as a recommendation from Elizabeth Loftus, Ph.D.

"From Our Readers" - Debate on "Middle Ground"

A reader comments on the "middle ground" debate regarding recovered memories. While acknowledging that some cases of limited abuse recall may be accurate, the reader emphasizes that "massive repression" is unproven and unlikely, suggesting the "middle ground" is closer to the end of "always remembering" than the middle.

"A Phone Call"

This personal anecdote recounts a conversation with the author's grandson, who expresses gratitude for birthday cards and checks, and hints at underlying family tensions and doubts about accusations made against the author.

"A Business Decision"

This letter discusses a family lawsuit related to FMS, where daughters sued for a significant sum. The author describes the settlement as a "business decision" combined with a desire to move on, highlighting the emotional and financial toll of such accusations and the subsequent changes made to protect the family.

"A Sad Story from Indiana"

This section shares the tragic story of Wayne Caley, who was falsely accused by his stepdaughter, lost his job and home, and served time in jail. He was killed in a job-related accident shortly after his release. His letter from jail expresses gratitude for FMS literature and encourages continued fighting against lies and false accusations.

"Who are the therapists?"

This section lists advertisements for "Therapist Mailing Lists" for licensed professionals in California, providing numbers for psychologists, clinical social workers, and marriage and family counselors.

"Education- Key to return of daughter/victim of FMS"

This advice column suggests that educating family and friends about FMS is crucial for helping victims. It advises sending FMS information to relatives, co-workers, teachers, and neighbors, and not to close doors to the individual, as they may eventually realize the information is helpful.

"Psychology and fiction writing are the two trades with the biggest stake in the idea that someone else may know more, or uncover more about us, than we can on our own."

A quote from Paul Allen in The Guardian (London) is presented.

Meetings of Interest to FMSF Newsletter Readers

This section lists various upcoming conferences and seminars related to recovered memories, hypnosis, and multiple personality disorder, including events in Connecticut, New York, and tri-state area meetings in Pennsylvania, New Jersey, and Delaware. It also lists FMS Society meetings across the United States and internationally.

Recurring Themes and Editorial Stance

The recurring theme throughout this issue is the critical examination of recovered memory therapy and its impact on individuals and families. The FMS Foundation maintains a skeptical stance towards claims of "massive repression," emphasizing the reconstructive nature of memory and the potential for iatrogenic influences in therapy. The newsletter advocates for scientific rigor, critical thinking, and provides resources and support for those affected by FMS. The editorial stance is one of caution regarding the uncritical acceptance of recovered memories, particularly in legal contexts, and a commitment to providing accurate information and fostering a community of support.