False Memory Syndrome Foundation - Vol 06 No 11 - 1997 dec

Magazine Overview

This issue of the False Memory Syndrome Foundation (FMSF) Newsletter, dated December 1997, Volume 6, Number 11, provides an update on legal cases, research, and advocacy efforts related to false memory syndrome (FMS) and recovered memory therapy (RMT).

Key Legal Developments in 1997

The newsletter highlights two major legal events that concluded 1997: a $10.6 million settlement in the Burgus v. Braun case and federal indictments against five mental health workers in Texas. The Burgus v. Braun settlement, involving "Memory' Therapy," is seen as society's recognition of the harm caused by RMT. The indictments against the Texas professionals, connected to Shadows Glen Hospital, accuse them of fraud related to RMT techniques, including "mind control" and "brain-washing," used to collect insurance payments.

The Ongoing Struggle Against FMS

Despite these legal victories, the newsletter emphasizes that the fight against FMS is not over. It points to examples of government money supporting belief in satanic cult conspiracies and the continued training of therapists in unproven and dangerous abreaction techniques. The issue criticizes daytime talk shows for exploiting patients with Multiple Personality Disorder (MPD) for entertainment.

Positive Outcomes and Research

On a positive note, the newsletter reports an increase in families whose children have retracted or withdrawn claims of abuse, some after years of struggle. It also announces the publication of the first journal issue devoted to retractors in *Psychological Inquiry*, featuring an article by Joseph deRivera and responses from various researchers.

Articles and Features

"Creating False Memories" and Other Resources

The newsletter recommends several articles and books for explaining FMS to friends, professionals, or as gifts. Recommended articles include "Creating False Memories" by Elizabeth Loftus in *Scientific American* and "Theories of False Memory in Children and Adults" by Reyna and Lloyd in *Learning and Individual Differences*. A list of recent FMS books is provided, including works by Dineen, Freyd & Goldstein, Hagen, Piper Jr., Pope, Simpson, and Van Til.

Seminar: "Hypnosis, False Memory and Multiple Personality"

A seminar held in New York City explored the therapist's role in memory retrieval and MPD. Dr. Herbert Spiegel presented a film demonstrating how a subject could be hypnotically implanted with delusions. The seminar also featured audiotapes of discussions between the author of "Sybil" and Sybil's psychotherapist, Dr. Cornelia Wilbur, which are described as a "bombshell," suggesting that the "Sybil" case, which popularized MPD, may have been influenced by suggestive therapeutic techniques.

"Bewitched" Article

An article from the *Willamette Weekly News* by Bob Young details how government and hospital money in Oregon is being used to pay "witches" for services related to satanic ritual abuse cases. The article reviews the case of Patricia Rice, who was found guilty of killing someone in a car accident after being treated by witch Pat Mangis. Rice later sued the hypnotherapist and Salem Hospital, receiving settlements.

"False Memories or Politics?"

This section discusses *Chatelaine* magazine's retraction of a previous article that referenced Sylvia Fraser's recovered memories. Fraser's letter to the editor clarifies that her memories returned spontaneously and were not suggested by therapy, but the article points out inconsistencies with her earlier writings, suggesting that false memories may have been present.

Legal Corner: U.S. Grand Jury Indicts Mental Health Professionals

This section details the federal grand jury indictment in Houston against five mental health professionals from the former Spring Shadows Glen Hospital. The charges include mail fraud and conspiracy, accusing them of exaggerating diagnoses and the need for expensive treatments for MPD and satanic ritual abuse to collect insurance payments. The indictment describes the use of "techniques commonly associated with mind control and 'brain-washing'" and non-traditional modalities like hypnosis and drugs.

Outcomes of Recent Malpractice Suits

The newsletter presents a detailed survey of 105 malpractice suits filed by former patients against mental health providers, alleging negligent encouragement or implantation of false memories. It notes that many suits result in serious, long-lasting injury. The article highlights common allegations: failure to treat the presenting problem, inaccurate diagnosis, failure to inform patients about the lack of scientific evidence for techniques, and the encouragement of cutting off contact with family.

Several trial outcomes are summarized:

• Althaus v. Cohen: Jury awarded $272,232 to a 17-year-old girl and her parents.
• Hamanne v. Humenansky: Jury awarded over $2.46 million to a woman diagnosed with MPD, who claimed false memories of abuse were implanted.
• Halbrooks v. Moore: Jury found therapist guilty of negligence, awarding $105,000 to a woman who claimed false memories of abuse.
• Carlson v. Humenansky: Jury awarded $2.5 million to a woman who claimed false memories of abuse were implanted.
• Carl v. Keraga: Jury found a defendant 24% liable, awarding $5.8 million to a woman who claimed misdiagnosis of MPD and implantation of false memories.

Settlement Outcomes

Further details are provided on malpractice suits that were settled out of court:

• Mark v. Zulli, et al.: Settlement reached with the primary therapist for unexplained chest pains, where the therapist attributed them to "body memories of childhood sexual and ritual abuse."
• Fultz v. Carr and Walker: Two therapists settled, one for $1.57 million, for allegedly misdiagnosing childhood sexual and ritual abuse and MPD.
• Rutherford v. Strand, et al: A church agreed to pay $1 million to a woman who came to believe her father had raped her based on a counselor's guidance.
• Cool v. Olson: Defendant settled for $2.4 million after testimony described induced false memories of childhood sexual and ritual abuse, including demonic possession and MPD.
• Burgus v. Braun: A $10.6 million settlement was finalized on the day trial was scheduled to begin, involving alleged implantation of false memories of satanic cult abuse, ritual murder, and torture.

Record Settlement in False Memory Malpractice Case: Burgus v. Braun

This section elaborates on the $10.6 million settlement in the Burgus v. Braun case. Patricia Burgus and her family accepted the settlement from her former therapists and Rush Presbyterian-St. Luke's Medical Center. The hospital paid $3.5 million, and psychiatrists Bennett Braun and Elva Poznanski paid the remaining $7.3 million. The case involved allegations of severe post-partum depression treated with hypnosis, leading Burgus to believe she was part of a satanic cult and had abused her children. The newsletter notes that defendants made no admission of negligence and quotes Dr. Bennett Braun calling the settlement a "travesty."

Five Malpractice Suits Against Therapists and Genesis Associates Settled

This section reports on five former patients at Genesis Associates in Pennsylvania accepting out-of-court settlements for malpractice suits. At least eight other suits are pending against psychologist Patricia Mansmann, social worker Patricia Neuhausel, and the Genesis Associates clinic. The amounts are confidential. Summaries are provided for:

• Lujan v. Mansmann, Neuhausel, and Genesis Associates: The court rejected defense motions to dismiss, allowing the case to proceed to trial. The plaintiff alleged the defendants fostered false memories of a satanic cult and encouraged her to leave her state and create a new identity.
• Alton v. Genesis Assoc., Mansmann, Neuhausel: The plaintiff was advised to "detach" from family and his girlfriend.
• Saxanoff v. Genesis Assoc., Mansmann, Neuhausel, Fitzgerald: The plaintiff, seeking therapy for marital problems, was instructed to "detach" from her husband and curtail sexual contact, leading to encouragement of divorce.
• Diament v. Genesis Assoc., Mansmann, Neuhausel, Fitzgerald: The suit was resolved to the satisfaction of all parties, with claims of negligent misdiagnosis and treatment for MPD and satanic ritual abuse.

Recurring Themes and Editorial Stance

The FMSF Newsletter consistently advocates for the recognition of harm caused by false memory syndrome and recovered memory therapy. Its stance is critical of therapeutic techniques that lack scientific evidence and may lead to the implantation of false memories, particularly those involving satanic ritual abuse and multiple personality disorder. The newsletter highlights legal actions, settlements, and indictments as evidence of a growing societal awareness and rejection of these practices. It emphasizes the importance of informed consent and the need for mental health professionals to adhere to a high standard of care. The publication also serves as a platform for sharing resources, research findings, and personal stories that support its mission to address the issues surrounding false memory syndrome.

Title: FMS Foundation Newsletter
Issue Date: December 1997
Volume: 6
Issue Number: No. 11
Publisher: FMS Foundation
ISSN: 1069-0484
Document Type: Magazine Issue

This issue of the FMS Foundation Newsletter delves into several significant legal cases and research findings related to false memory syndrome, therapist malpractice, and child abuse allegations. It highlights ongoing legal battles, reviews academic works, and provides updates on the Foundation's activities and resources.

Malpractice Suit Settles in California

A malpractice suit filed in Superior Court, El Dorado County, California, was settled in August 1997, just two days before it was scheduled to go to trial. The suit was brought by a woman who claimed her former therapists and clinic implanted false memories of childhood sexual abuse. The techniques allegedly used included guided imagery and the heavy use of anti-depressants. Tapes from the therapy sessions reportedly documented suggestive questioning by the therapist. The terms of the settlement are confidential.

Malpractice Trial Underway in Michigan

The newsletter reports on the malpractice trial of Champney v. Faller, underway in Washtenaw County Circuit Court, Michigan. The suit, filed by Jack Kresnak and reported in the Detroit Free Press, involves third-party claims of negligence against Dr. Kathleen Coulborn Faller, a nationally recognized expert in child abuse investigations. The trial, which began on November 3rd, alleges that Faller and sex-evaluators at the University of Michigan Family Assessment Clinic emotionally abused a young child during an investigation. Prior to the trial, a judge rejected defense claims of immunity, noting that the individuals operated as state employees. Larry Champney, the plaintiff, presented videotapes of interviews with his 3-year-old daughter, which he claims show an interviewer using repeated and suggestive questioning to elicit negative statements about him. The interviewer allegedly used anatomical dolls, nude drawings, and allowed the mother to participate. The mother admitted to being so concerned about potential sexual abuse that she sniffed her daughter's genital area daily for signs of semen. Three psychologists, including one appointed by the court, one hired by the mother, and one by Champney, reportedly diagnosed the mother with a personality disorder characterized by paranoia, which Champney claims was fueled by Faller's report. Faller, an author and trainer on child sexual abuse cases, defended her colleagues and their techniques, stating she stands by her final reports and recommendations and has developed a thick skin to cope with the stress of her work. Champney's lawyer, Demosthenes Lorandos, argued that Faller's clinic destroyed parent-child relationships with faulty work, contributing to an industry of false validations that harms abused children and devastates families.

Lawsuit Claims False Memories; Woman Says Hospital Counselor Led her to Believe She was Follower of Evil Cult

This section, reported by Kim Barker in The Spokesman-Review (Spokane, WA), details a malpractice suit filed in Superior Court, King County, Washington, by Robin Avis against her former counselor, John Laughlin, and Lake Chelan Community Hospital. Avis alleges that Laughlin altered her memories and coerced her into believing she was a lifelong victim of an 'intergenerational satanic cult' that physically and sexually abused her. The lawsuit states that Laughlin used hypnosis and suggestion over two years to implant these false memories, leading Avis to believe she had participated in torturing and killing people and animals as part of a satanic cult, and that she had given birth to a stillborn baby that was sacrificed. Laughlin also convinced Avis she had multiple personalities. Avis reportedly went to his office multiple times a week until her insurance was exhausted, becoming totally dependent on him and suspicious of everyone else. Avis's attorney, Michael Bolasina, noted her extreme dependence, and R. Christopher Barden also represents Avis. A reference indicates that John Laughlin had previously settled a lawsuit with another patient who accused him of inducing false memories of sexual and ritual abuse in a satanic cult. The Washington Medical Quality Assurance Commission had charged him with unprofessional conduct, and an investigation was ongoing.

Amirault Appeals Continue

On October 30th, the Massachusetts Supreme Judicial Court (SJC) refused to consider a prosecution effort to send Cheryl Amirault LeFave back to jail. The SJC stated it would await a ruling from a lower court judge on a defense motion for a retrial for both Cheryl and her brother Gerald. Earlier in the year, the SJC had rejected efforts to overturn the Amiraults' verdicts on a separate constitutional question, stating the case merited 'closure.'

RECENT APPELLATE DECISIONS

Maine Supreme Court Declines to Apply Discovery Rule in Repressed Memory Cases

The Supreme Judicial Court of Maine, in Harkness v. Fitzgerald (1997 ME 207), declined to reexamine its precedent against adopting a judicially crafted discovery rule for sexual abuse cases. The plaintiff alleged sexual and physical abuse by her father from ages 2-14, with her mother allowing it. She claimed continuous memory of physical abuse but repressed memories of sexual abuse, which she argued constituted fraudulent concealment. The court held that the father's alleged behavior did not constitute misrepresentation of fact necessary to support a finding of fraudulent concealment and dismissed the case.

Texas Court of Appeals Reverses Itself and Dismisses Repressed Memory Claim

In L.C. v. A.D. (1997 Tex. App. LEXIS 5522), the Texas Court of Appeals vacated its earlier judgment and dismissed a repressed memory claim as time-barred. Initially, the court had applied the 'discovery rule,' accepting the plaintiff's therapist's testimony as corroborating evidence. However, dissenting judges warned this opened the door to fraudulent claims. Subsequently, the Texas Supreme Court held that the discovery rule might apply in childhood sexual abuse cases, but determination must be case-by-case, requiring claims to be inherently undiscoverable and objectively verifiable. In this specific case, the court granted a motion for rehearing and effectively stated that even if the discovery rule applied, the statute of limitations barred the claims. The plaintiff was aware over two years prior to filing that some of her physical and emotional problems were attributed to incest, putting a reasonably prudent person on notice of potential sexual abuse in her background.

BOOK REVIEW: INDIVIDUAL DIFFERENCES IN POSTTRAUMATIC RESPONSE: PROBLEMS WITH THE ADVERSITY-DISTRESS CONNECTION

Reviewed by Loren Pankratz, this section discusses Marilyn Bowman's book, which challenges popular beliefs about Posttraumatic Stress Disorder (PTSD). Bowman's work explores whether more terrible events lead to more serious disorders and questions the power of events versus the person in determining distress. The review highlights Bowman's methodical exploration of research, suggesting that most people do not respond to toxic events with severe, long-term distress disorders as professionals presume. The book also examines why clinicians are reluctant to look beyond the event for causes of distress and discusses human error in assuming distress responses are entirely natural. Bowman's analysis suggests that professional treatment can sometimes create pathology rather than remedy it, and that focusing on resolution without blaming the patient is key. The review also touches on a chapter about the importance of emotions as a guide to well-being, drawing on diverse examples from history and philosophy.

BOOK REVIEW: Good Grief! The Case for Repression

This article by Emily Nussbaum in Lingua Franca reviews the research of George Bonanno, which challenges the 'grief-work' hypothesis. Bonanno's studies indicate that individuals who express intense negative emotions when discussing loss may fare worse in the long term, while 'repressors' recover more successfully. The review contrasts this with psychoanalytic practice, which emphasizes releasing denied feelings. Bonanno concluded that inhibiting negative emotion might be an undervalued coping skill, and that laughter, optimism, and seemingly positive emotions should not be stigmatized as 'denial.'

FROM OUR READERS

Families of Murder Victims

Richard Rosin shares his experience of losing contact with his daughter and her husband-to-be, who were not victims of False Memory Syndrome (FMS) but of murder. He spoke at a segment of the TV news program '60 Minutes' with other bereaved family members from the Philadelphia-based Families of Murder Victims organization. Rosin identifies with the sorrow, relief, frustration, and societal neglect experienced by FMS families. He shares poignant quotes from other parents about the difficulty of coping with loss, the lack of understanding from those who haven't experienced it, and the ongoing pain. He contrasts the situation of families of murder victims, who have the hope of their children's return, with FMS families, where the children may indeed come back into their lives. For FMS families, the concept of 'closure' is complicated by the expectation of their children's return and the 'second wounds' inflicted by media, acquaintances, and an unfair justice system.

Mark Pendergrast, author of 'Victims of Memory,' agrees with Rosin that there is no single 'right way' to grieve and that people need permission and support to grieve as they feel best.

Dear "Former Therapist,"

This letter is from a former patient to their therapist, seeking to resolve aspects of their therapy. The writer, now living in Israel, has found a meaningful life with a profound sense of roots in traditional Judaism. They state that after much self-scrutiny, they realized that the flashbacks and memories experienced during therapy in New York were false. The writer believes their parents and grandfather are not sexual abusers and that the memories of abuse were false, causing significant damage. The writer requests a written recognition of the damage caused by the therapy and an apology, along with a return of the money paid for the therapy (estimated at least $7,110). The writer's goals are peace and healing, and they request a reply by August 15th.

The 'Former Therapist' replied, stating she saw herself as 'serious, careful, and conscientious' with a goal to 'help others.' She noted attending conferences, workshops, and consulting with a psychiatrist. She returned the money 'with love and a wish that you can move on from whatever pain remains attached to me.'

Thoughts about a Returning Daughter

A parent describes the horror of their daughter suffering a severe psychosis and nearly losing her life, attributing it to 'cult therapy.' They express a lack of experience with individuals exiting FMS therapy and the depth of confusion and denial they experience. The daughter, now seemingly compartmentalizing the trauma, is described as not yet realizing the full impact of years of 'therapy.' The parents express pity but cannot show it, acknowledging that the pain of the situation is immense and that they may never fully recover. They question what will happen when their daughter finally realizes her role in the dilemma and the harm caused.

Our Son's Explanation

A brief note from a mother states that her family sat together for Christmas for the first time in six years, discussing inconsequential things. Her son explains this is possible because he considers his sister to have been mentally ill.

A New Career

A psychiatrist announces they have quit practicing psychiatry, turned in their licenses and memberships, and are retraining for something less lucrative and damaging to others.

Dear Fellow FMSF Members,

This letter is from a parent who lost their daughter 'K' when she was sent to a drug rehab. The daughter had developed a four-year drug addiction. Upon leaving rehab, she expressed love for her parents. The parent recalls hugging her goodbye and entrusting her to counselors. The parent expresses anger over the situation that led to all three children turning against each other. After initially writing a letter expressing rage, the parent was advised by a counselor to tear it up. The parents decided to forgive all and keep their home and hearts open. The letter drafted to 'K' expresses unwavering love and hope for her return, symbolized by a red ribbon on their tree. They acknowledge the challenges and the possibility of bitter cold and isolation, but reaffirm their commitment. The parent notes that their daughter, while sometimes friendly, remains aloof and uses phrases like 'agree to disagree.' She has not expressed remorse or stated her accusations were false. The parent reflects on the damage done and the difficulty of repairing the relationship, stating they take each meeting as it comes and respond appropriately. The letter concludes with a sentiment of profound loss for everyone, especially for the daughter.

The Future

The author thanks the FMSF staff for providing the media with news and historical background, which they believe is indispensable for reliable journalism, especially given the ideological attacks faced by the FMSF. The author notes that the Foundation's arguments are falling like 'houses of cards' before science, reason, and intellectual rigor.

FLORIDA EVENTS

This section lists upcoming events hosted by the FMS Foundation, including a Party and Reception at the International Cartoon Museum on February 13, 1998, and a Public Lecture featuring Elizabeth Loftus on February 14, 1998. A session on 'False Memory Creation' for invited professionals is also scheduled for February 13, 1998.

RESEARCH PARTICIPANTS WANTED

Psychologists at Johns Hopkins University School of Medicine are seeking adult volunteers (age 18+) who have ever claimed to have forgotten and then remembered childhood physical or sexual abuse, regardless of whether they now believe those memories to be true or false. The study involves learning obscure facts and recalling them, along with memory, problem-solving, and personality tests. Participants will spend approximately 4 hours at the university and will be reimbursed for travel expenses. The study is approved by the Joint Committee on Clinical Investigation of Johns Hopkins University School of Medicine and the Ad Hoc Research Review Committee of the FMS Foundation. Interested individuals are asked to contact Ms. Manjula Ramareddy.

Recurring Themes and Editorial Stance

The FMS Foundation Newsletter consistently addresses the controversial topic of false memories, particularly in the context of recovered memory therapy and child abuse allegations. The publication's stance is critical of therapeutic techniques that may lead to the creation of false memories, often highlighting legal cases where such allegations have led to significant personal and legal repercussions. The newsletter champions scientific rigor, reason, and intellectual inquiry, positioning itself as a source of reliable information against what it perceives as ideologically-driven arguments. It provides a platform for individuals affected by these issues, including victims of alleged false memory implantation and families dealing with the fallout of such accusations. The editorial stance is one of advocacy for those who have been wrongly accused or whose lives have been negatively impacted by therapeutic practices that lack scientific validation. The newsletter also serves as a resource hub, listing contacts, meetings, and research opportunities related to its core mission.