False Memory Syndrome Foundation - Vol 07 No 07 - 1998 sept

Magazine Overview

The False Memory Syndrome Foundation Newsletter, September 1998, Vol. 7 No. 7, addresses the escalating legal challenges and controversies surrounding recovered memory therapy (RMT) and the False Memory Syndrome (FMS).

Legal Activity and Criminal Trials

The newsletter opens by questioning if a new phase of FMS legal activity is emerging, highlighting fraud as a key word in two criminal trials. The federal criminal trial against five professionals associated with Spring Shadows Glen Hospital in Texas is set to begin on September 8, 1998. These individuals face charges including conspiracy to defraud insurance companies, mail fraud, and knowingly misdiagnosing Multiple Personality Disorder (MPD) to keep patients hospitalized. The article notes this trial is significant as it treats professionals as criminals for using 'mind-altering' techniques for personal gain rather than patient well-being. The newsletter criticizes the silence of major mental health organizations, suggesting it has fostered a climate tolerant of fraud, from deceptive recruitment to kickbacks and dangerous memory-recovery techniques. It expresses hope that convictions and media coverage will prompt professional associations to adopt a more responsible stance.

In Chicago, Dr. Bennett Braun faces an administrative hearing for the potential revocation of his medical license. Braun, instrumental in the development and spread of RMT, recently settled a $10.6 million malpractice suit. The newsletter details the Illinois Department of Professional Regulation's nine-count complaint against Braun, alleging gross negligence, dishonorable conduct, and improper prescription of drugs, including combinations of Halcion, Xanax, and sedatives, at levels not tested on animals. The complaint suggests Braun misused his position of trust with fragile patients. Braun has also been sued by five former patients, with some cases alleging misdiagnosis of MPD and the dredging up of false memories of horrific events. Two suits were settled, and the $10.6 million settlement with Rush-Presbyterian paid to a patient named Burgus is noted as one of the highest in a false memory case.

An unlicensed Missouri hypnotherapist, Geraldine A. Lamb, was sentenced to 30 months in prison for insurance fraud and practicing psychology without a license. While felony charges of 'implanting' false memories were dropped in her plea bargain, two psychologists associated with her practice pleaded guilty to misdemeanors for allowing her to use their names on fraudulent bills.

International Spread and Impact

The newsletter reports that the FMS phenomenon has spread globally, affecting families in Australia. Merle Elson, a counselor and psychologist, details the formation of the Australian False Memory Association (AFMA) in 1994, inspired by support from the FMS Foundation and the British False Memory Society. A survey of AFMA families revealed similarities to those in the US and UK, including the profile of accused fathers (well-educated, white, high socio-economic status) and accusers (often working in counseling, with above-average intelligence, and a history of relationship instability). The survey also highlighted the prevalence of stressors, such as moving, preceding allegations, and the significant involvement of accusers in therapy, often with multiple therapists over extended periods. The after-effects on accused persons were severe, with 96% reporting health deterioration, including cancer, heart attacks, and depression, and three-quarters of their partners experiencing similar issues, including four deaths attributed to stress.

Media and Professional Scrutiny

The issue discusses media coverage, noting CNN's firing and subsequent apology for a false story based on a 'recovered memory' incident. It also references a PBS documentary on Cardinal Bernardin that included a retracted accusation of sexual abuse based on recovered memory, which was still prominently featured in reviews.

The Royal College of Psychiatrists' report, "Reported recovered memories of child sexual abuse," is presented as a model for professional statements. The Canadian Psychological Association has called for a Justice Ministry inquiry into criminal convictions based solely on recovered memory evidence.

Specific Cases and Legal Rulings

Several other legal cases are highlighted:

• Greene v. Charter Pines Hospital (North Carolina): A psychiatric malpractice trial involving false memories began, with the plaintiff suing for medical malpractice, intentional and negligent infliction of emotional distress, and fraud after being told she was a victim of childhood sexual abuse and had multiple personalities.
• Marietti, et al., v. Kluft (Pennsylvania): A psychiatric malpractice trial against Richard Kluft began, but the judge dismissed the jury after a settlement was reached.
• Shanley v. Braun, et al. (Illinois): A malpractice suit against Bennett Braun and others was settled for a confidential amount.
• Engstrom v. Kohout (Georgia): The Georgia Court of Appeals refused to extend the statute of limitations for a psychiatric malpractice claim, ruling that the misdiagnosis, not the later discovery of a correct diagnosis, constituted the injury.
• Karasek v. LaJoie (New York): The New York Court of Appeals ruled that services provided by mental health professionals without medical training fall under a longer statute of limitations for professional malpractice.
• Doe v. McKay (Illinois): The Illinois Supreme Court affirmed the dismissal of a third-party claim by a father against his daughter's therapist, ruling the therapist owed no duty to the non-patient third party.
• Linton v. Carr and Marrs (Oregon): A lawsuit was filed against a psychologist and social worker for misdiagnosis of MPD and implantation of false memories.
• Gray v. Powers (Pennsylvania): A complaint alleged a psychiatrist induced false memories of cult abuse, including ritualistic acts, leading to suicidal ideation.
• O'Brien v. The Post-Standard (New York): A malpractice suit claimed a psychotherapist brainwashed a patient into believing she was a child victim of sexual abuse.
• Tyo v. Ross (Texas): A lawsuit was filed against Colin A. Ross, M.D.

Book Review and Other Content

Loren Pankratz reviews "Hoax and Reality: The bizarre world of Multiple Personality Disorder" by August Piper, Jr., M.D., commending its thorough examination of MPD and its critique of the therapeutic practices involved.

The newsletter also includes a "Continuing Education Watch" section discussing the rise of 'intuitive' therapists and a seminar approved for continuing education credit on 'Archetypes and Sacred Contracts.' A "Clouseau Loan Fund" is announced to help foundation members initiate educational meetings.

Recurring Themes and Editorial Stance

The recurring theme throughout the newsletter is the critical examination and legal challenge of recovered memory therapy and the diagnosis of MPD. The editorial stance is clearly against the practices associated with RMT, highlighting potential harm, fraud, and the need for greater accountability within the mental health profession. The newsletter advocates for professional organizations to take a more active role in policing their members and for the legal system to address the issues raised by these controversial therapeutic approaches. There is a strong emphasis on the potential for iatrogenic harm and the devastating impact on individuals and families.

Title: FMS Foundation Newsletter
Issue: Vol. 7 No. 7
Date: September 1998
Publisher: FMS Foundation
Document Type: Magazine Issue

Legal Developments in Repressed Memory Cases

This issue extensively covers recent legal rulings and developments concerning repressed memory and its impact on statutes of limitations. The Illinois Appellate Court remanded a sexual abuse case, requiring the trial court to determine if repression is scientifically recognized as a reason to delay the statute of limitations. The court noted that while some Illinois courts accept the discovery rule for repressed memories, the validity of repressed memories is controversial due to a lack of independent verification. Mere forgetfulness is insufficient to toll the statute; plaintiffs must plead the condition with specificity.

The West Virginia Supreme Court, in *Albright v. White*, affirmed the dismissal of a repressed memory claim, ruling that the cause of action accrued at the time of the incident, not upon 'discovery,' and explicitly declined to apply the discovery rule to extend statutory filing periods.

The Utah Supreme Court, in *Burkholtz v. Joyce*, held that the discovery rule does not apply if the plaintiff had knowledge of the underlying facts at any point during the limitations period. The court certified a question regarding whether psychological repression interrupts knowledge.

A Washington State Appellate court affirmed partial summary judgment in *Wreck Revived Abuse Memories*, stating that while physical injuries from a collision are within legal causation, extending liability to effects of 'preexisting conditions' traceable to prior criminal acts is not sound policy.

In Arizona, the Superior Court in *Logerquist v. Danforth* excluded expert testimony on repressed memory, deeming the theories not generally accepted in the scientific community. This decision followed an evidentiary hearing.

An update on the Souza case in Massachusetts indicates that a motion for a new trial was denied, with the outcome regarding potential imprisonment pending an appeal.

Reflections of a Dissident Psychologist

Dr. Tana Dineen, author of "Manufacturing Victims," reflects on the backlash she received for her book, which critiques the psychology industry and recovered memory therapy. She recounts dismissive and hostile reactions from professional organizations and individuals, including being diagnosed with 'burnout' and facing an investigation by her licensing board. Dineen argues that psychology has strayed from scientific scrutiny, sanctioning dangerous methods and unsubstantiated theories. She emphasizes the ethical imperative for professionals to speak out against misinformation that can destroy personal lives, likening the recovered memory movement to 'Nazi atrocities.'

Family Perspectives and Activism

The newsletter features several personal accounts from families grappling with accusations, often linked to recovered memories. One letter from 'A Mom' describes the difficulty of reuniting with a daughter who made accusations, noting that while the family has forgiven, some supporters struggle to accept the daughter back. Another 'A Mom' recounts a painful estrangement from her daughter, which eventually healed after the daughter severed ties with her therapist, leading to a reconciliation without a formal recantation.

'A Dad' shares a similar story of estrangement and eventual reconciliation, emphasizing the importance of love and forgiveness over demanding an apology. He notes that his daughter's subsequent actions speak louder than words.

Another 'A Mom' expresses anguish over a lack of common ground with her daughter on her 50th birthday, highlighting the heartache caused by the daughter's choices.

A 'Hard-Liner' responds to a request for a viewpoint, advocating for accountability and distinguishing between forgiveness and enabling harmful behavior. They argue that transgressors should be made aware of their wrongdoings and only reinstated after proving their merit through kindness and service.

'A Dad' discusses the challenge of making a choice between revenge and a normal relationship with children, recounting a difficult period of estrangement and the decision not to sue the therapist to avoid further alienating his daughter.

Another 'A Dad' writes about the difficulty of communication with his daughter after years of silence and estrangement, noting the lack of apologies but finding solace in her eventual return and improved relationship.

'A Mom' shares a positive experience of family reunification after selling their home, where the son who had accused them of sexual abuse participated in selecting furniture. They support the idea of setting aside actions in favor of restoring family relationships, focusing on progress rather than demanding an apology.

Community and Resources

The newsletter includes a 'Make a Difference' section highlighting a campaign to withdraw a book titled "Confronting Abuse: An LDS Perspective on Understanding and Healing Emotional, Physical, Sexual, Psychological and Spiritual Abuse" due to erroneous information on recovered memories and satanic ritual abuse. The book was ultimately withdrawn by Deseret Book Store.

'Frustrated Families' discusses families becoming activists due to perceived lack of professional action against dangerous practices. It mentions upcoming conferences featuring Judith Herman, M.D., and notes concerns about her settlement of Drug Enforcement Administration civil charges.

The 'From Our Readers' section includes personal letters detailing family struggles with accusations and reconciliation, as well as a call for accountability and a balanced approach to forgiveness.

FMSF Activities and Information

The newsletter lists numerous state and international meetings and contacts for the FMS Foundation, indicating a widespread network of support and discussion. It also promotes a video tape order form for "When Memories Lie......The Rutherford Family Speaks to Families" and provides information on exploring the internet for resources related to FMSF, including a website address: http://www.StopBadTherapy.com/.

Membership information for the FMSF is provided, detailing subscription rates and benefits, including electronic newsletter access via email.

Recurring Themes and Editorial Stance

The recurring themes in this issue are the legal and scientific controversies surrounding repressed and recovered memories, the impact of these theories on the justice system, and the personal and familial consequences of such claims. The FMS Foundation Newsletter consistently presents a critical perspective on recovered memory therapy, highlighting cases where it has led to legal challenges, family estrangement, and questionable scientific acceptance. The editorial stance appears to be one of skepticism towards recovered memory claims and a focus on the potential for misinformation and harm caused by certain therapeutic practices, while also advocating for family reconciliation and accountability.