False Memory Syndrome Foundation - Vol 08 No 05 - 1999 julyaug

Magazine Overview

The False Memory Syndrome Foundation Newsletter, Volume 8, Number 5, dated July/August 1999, presents a perspective on the declining influence of the False Memory Syndrome (FMS) and the recovered memory movement. The editorial highlights the shift from FMS being a prominent issue in 1992 to its increasing marginalization in 1999, attributing this to people distancing themselves from it and therapists facing sanctions.

Key Articles and Content

Editorial: A Shift in the FMS Landscape The lead editorial reflects on the changes in the FMS phenomenon over seven years. It contrasts the situation in 1992, when an advertisement for an abuse treatment center listed numerous signs of abuse, with the current state in 1999, where FMS is seen as a declining problem. The editorial notes the marginalization of prominent figures in recovered-memory therapy, such as Renee Fredrickson, Ph.D., who faced sanctions, and Bennett Braun, M.D., who is under review. It also mentions legal actions against therapists and the International Society for the Study of Dissociation (ISSD) acknowledging a drop in membership.

The editorial also touches upon the impact of media figures like Dr. Laura Schlesinger, whose mention of the FMSF brought calls from desperate families, underscoring that the issue, while declining, is still present. The Foundation's role is seen as needing to adapt by focusing on newly accused families and continuing educational outreach.

Legal Corner: Court Decisions on Repressed Memory

Utah Supreme Court: Repressed Memory Testimony Should Not Have Been Admitted at Trial (Franklin v. Stevenson)
This section details the Utah Supreme Court's decision to overturn a jury verdict in favor of a plaintiff who claimed recovered memories of childhood sexual abuse. The court unanimously held that memory recovery techniques used by the plaintiff's therapist were not scientifically reliable and therefore inadmissible. The court emphasized the need for strict scrutiny of such testimony and reaffirmed the trial judge's role as a "gatekeeper" to ensure the reliability of scientific evidence.

Wisconsin Supreme Court Imposes Liability on Therapist for Injury to Falsely Accused Parents (Sawyer v. Midelfort)
The Wisconsin Supreme Court ruled that two therapists could be held liable for injuries caused by false allegations of sexual abuse that developed during negligent therapy. The court found that parents could sue their daughter's therapist for direct injuries caused by false allegations, even if they were not patients themselves. The decision underscored that negligent treatment leading to false memories of abuse is culpable and that the harm arising from such accusations is direct and foreseeable.

Analysis of Research and Therapy Practices

Critique of "Memories of childhood abuse: Dissociation, amnesia, and corroboration"
August Piper Jr., M.D., critiques a paper by Chu and colleagues published in the American Journal of Psychiatry. Piper questions the paper's claims regarding dissociative amnesia and corroboration of abuse memories, arguing that they contradict established research showing that memorable events are generally recalled by children. He points out methodological weaknesses in the study, particularly in how corroboration was assessed.

Clients Therapeutically Created Pasts and Present Influences Can Lead to Future Problems
Allen Feld discusses his concerns about the therapeutic necessity and relevance of delving deeply into a client's past, especially remote childhood. He questions the ability of therapists to judge the accuracy of a client's narrative and how past information impacts the present. Feld suggests that myth-making can become a component of therapy, where a client's narrative, possibly distorted by the therapist, can become an unshakable reality, causing harm to families. He introduces the concept of "covert influence" and the therapist's belief system as potent factors in shaping a client's experiences and memories.

Ambiguous Loss: Learning to Live With Unresolved Grief
This section briefly reviews Dr. Pauline Boss's book, which defines "ambiguous loss" as a situation where a person is physically present but emotionally absent, or vice versa. The review suggests that many FMS families may find parallels to their own situations in this concept, highlighting the difficulty in mourning when ambiguity remains.

Book Reviews

To Hell and Back: Multiple Personality Disorder as a Betrayal of the Patient
This review discusses Gail Macdonald's book, which recounts her experience with Multiple Personality Disorder (MPD) and her subsequent escape from it. The review highlights how the diagnosis and treatment, influenced by a counselor-therapist, led to the development of multiple alters and the creation of false memories. The reviewer notes that conventional medical approaches might have differed and emphasizes that the diagnosis of MPD is increasingly suspect.

Memories Lost and Found - Part I
This excerpt from The Harvard Mental Health Letter expresses concern about psychotherapy being a source of challenged memories. It highlights how suggestion from a healer or authority figure can easily instill beliefs about memory recovery, and how hypnosis and guided imagery can blur the lines between imagination and reality, increasing confidence in memories while lowering accuracy.

Recurring Themes and Editorial Stance

The newsletter consistently adopts a critical stance towards the recovered memory movement and certain therapeutic practices associated with it. Key themes include the unreliability of recovered memories, the potential for therapists to inadvertently or deliberately create false memories, and the legal and personal harm resulting from such practices. The publication advocates for scientific rigor in psychological research and therapy, and highlights legal decisions that support the rights of those falsely accused. The overall stance is one of skepticism towards recovered memory claims and a call for accountability from therapists and professional organizations involved in the field.

Title: FMS Foundation Newsletter
Issue: Vol. 8 No. 5
Date: July/August 1999
Publisher: FMS Foundation
Country: USA

This issue of the FMS Foundation Newsletter delves into several significant legal cases and professional disciplinary actions related to psychotherapy, particularly concerning false memories and allegations of abuse. It also provides resources and community updates for its members.

Key Legal Cases and Disciplinary Actions

Third-Party Lawsuit Settled

In May 1999, a malpractice claim brought by Joel Hungerford against his adult daughter's therapist, Susan Jones, was settled for the $200,000 policy limit of Jones' malpractice coverage. This case stemmed from a New Hampshire Supreme Court ruling in December 1998 that held a therapist owes a duty of care to an accused person when diagnosing and treating an adult patient for sexual abuse, noting that serious, foreseeable injury can result from misdiagnosis.

Jury Awards Patient $200,000 in False-Memory Case

On June 23, a California jury awarded Leah Simpson over $204,000 in civil damages from therapist Roger Litwin. Simpson accused Litwin of brainwashing her with false memories, leading her to believe she had been raped by a satanic cult and forced to murder a baby. She reported being plagued with false memories and became suicidally depressed. An investigation concluded her dissociative identity disorder diagnosis was iatrogenically created. Simpson's lawyer argued Litwin ignored literature casting doubt on multiple personality disorders and satanic ritual abuse memories. Litwin's attorney maintained there was no proof the memories were implanted and that Simpson's suffering was due to her own mental disorders. The jury found Simpson 35% at fault, awarding her 65% of the approximate $314,000 award.

Minnesota Board Restricts License of Therapist

On May 7, 1999, the Minnesota Board of Psychology permanently restricted psychologist Renee Fredrickson from providing therapy involving issues of cult, ritual, or satanic abuse. Fredrickson is also restricted from providing hypnosis or guided imagery services to clients, except under supervision, until she demonstrates competence. Additional requirements include a psychological evaluation, coursework on professional boundaries and clinical record-keeping, a professional responsibility examination, and a $15,000 civil penalty. The Board cited Fredrickson's treatment of three patients from 1987 to 1996, which involved hypnosis and visualization exercises, leading them to develop images of ritual satanic abuse, torture, murder, or childhood sexual abuse. The Board found she failed to adequately inform patients about the potential for false memories from hypnosis and did not warn them of the risks. Evidence also suggested Fredrickson's objectivity was impaired, citing her complaints about cult members stalking her as possible mental dysfunction. She was also found to have failed to maintain boundaries, obtain informed consent for sharing private information, keep adequate records, and engaged in unprofessional conduct.

Bennett Braun Trial Scheduled to Begin in November

A hearing in the case against prominent psychiatrist Bennett Braun was scheduled for November 16 before an administrative law judge. Dr. Elva Poznanski, a colleague, agreed to testify against Braun and Dr. Roberta Sachs. Poznanski resigned as head of child psychiatry at Rush Presbyterian Hospital as part of a deal. Dr. Braun is suing his former attorney and insurance companies, claiming his career was ruined in 1997 when a malpractice suit against him was settled without his consent. The lawsuit by Patricia Burgus and her children was settled for $10.6 million, with $4.75 million assessed to Braun. The settlement agreement did not admit negligence. Braun, 58, states the settlement cost him his hospital affiliation, made malpractice insurance prohibitively expensive, and scared off patients. He also faces other malpractice suits and an Illinois Department of Professional Regulation investigation that could lead to the termination of his medical license.

Doggett Civil-Rights Case to Continue Against Wenatchee Defendants

Sarah Doggett, one of 60 Wenatchee children supposedly sexually abused in the mid-1990s, won the right to sue authorities for allegedly kidnapping her and forcing her into an Idaho mental hospital. Doggett, now 20, claims her civil rights were violated when she was forcibly removed from a foster home at age 16. Despite repeated interviews by former Wenatchee detective Robert Perez, she insisted her parents had never sexually abused their children. The complaint states she was involuntarily transported to Idaho and forced to undergo treatment. Her King County Superior Court case was dismissed earlier but reinstated by Seattle lawyers after she obtained representation.

California Appellate Court Upholds Jury Verdict in Repressed-Memory Case

In June 1999, a California appellate court affirmed a jury finding in favor of two step-sisters who alleged their father had sexually molested them. The court also held that plaintiffs' expert testimony was admissible. The court characterized the expert testimony as "little more than run-of-the-mill expert medical opinion" based on personal evaluations. The defense objected on the grounds that the expert lacked experience in studying the accuracy of repressed memories and that respected members of the mental health community disagreed with her views. The trial court denied a Kelly-Frye hearing, stating that only expert testimony based on "a new scientific technique" or "novel devices or processes" requires proof of reliability. The appellate court agreed that scientific evidence or technology, but not conclusions in psychology, is foreign to jurors' everyday experience.

Colorado Appeals Court Upholds Dismissal of Lawsuit

The U.S. Tenth Circuit Court affirmed the dismissal of a lawsuit against a Denver priest accused of sexual assault, ruling that the accuser waited too long to file. The plaintiff, John Dean Ayon, alleged sexual assault from 1981 to 1984 and a later incident in 1993. He claimed awareness of his injury came in 1997 after beginning psychotherapy. The trial court found that Ayon, a Harvard Law graduate and practicing attorney, should have known he was injured in the 1980s. The Tenth Circuit questioned his inability to explain the delay and found "evidence of bad faith," concluding that a reasonable plaintiff would have known the wrongfulness of the acts.

Reader Contributions and Commentary

Psychotherapy

A letter from Harold I. Lief, M.D., on the FMSF Advisory Board, expresses concern about a book review in the previous newsletter that attacked psychotherapy. Lief argues that the review oversimplified complex phenomena by suggesting mental illnesses are solely caused by biological factors, neglecting the role of emotional and psychological factors. He emphasizes that emotional illness has both psychological and biological facets and that psychotherapy can be effective without relying on aggressive pursuit of alleged past events.

The Problem is Not Over

A reader expresses concern that recent newsletters might suggest the FMSF problem is resolved. They state that the issue remains critical, citing the loss of two daughters to "lunatic therapy" in the past year. The writer acknowledges the FMSF's work in raising awareness but urges them to continue their efforts, offering continued support.

A Returner via E-mail

A parent shares a hopeful experience of reconnecting with their adult daughter after nearly eight years of estrangement, possibly due to RMT (Recovered Memory Therapy). Through email, they are slowly rebuilding their relationship, agreeing to disagree on past issues and focusing on moving forward.

Top Ten Reasons for Seniors to "Get Connected"

This section provides a compelling argument for senior citizens to embrace computer technology and the internet. It highlights benefits such as improved legibility of communication, faster idea expression, access to information, staying in touch with family, and empowerment. It also offers practical advice on obtaining computers at low costs and accessing online resources. The author, Pam Freyd, encourages readers to get online and connect.

Other Content

Annual Meeting of Illinois FMS Society

Details are provided for the Annual Meeting of the Illinois FMS Society, titled "Reuniting Families: Success, Failure, the Future," scheduled for October 3, 1999, in Glenview, Illinois. The meeting includes a keynote presentation by August T. Piper Jr., M.D., a presentation by Reinder Van Til, and a forum discussion on assisting the process of reuniting families.

Exploring the Internet

A new website, http://www.StopBadTherapy.com, is recommended for FMSF Newsletter readers. It offers resources such as phone numbers for professional regulatory boards, links for contacting professional associations, and lists of online and printed resources.

Freud's Fraudulent Stories of Seduction

This section points readers to a website (http://www.shef.ac.uk/uni/projects/gpp/aesterson.html) for information on separating fact from fiction regarding Freud's theories on seduction and childhood sexual abuse.

Estate Planning

Information is provided for readers interested in including the FMSF in their estate planning, with contact details for Charles Caviness.

Therapy's Delusions

A book review highlights "Therapy's Delusions: The Myth of the Unconscious and the Exploitation of Today's Walking Worried" by Ethan Watters and Richard Ofshe, which critiques talk therapy as a masquerade of scientific discipline.

Available Resources

Several resources are listed for purchase, including articles from the American Journal of Psychiatry on attitudes toward DSM-IV dissociative disorders and a decision from the New Hampshire Supreme Court regarding therapist duty of care.

Recurring Themes and Editorial Stance

The FMS Foundation Newsletter consistently addresses the complexities and controversies surrounding false memory syndrome, repressed memory therapy, and allegations of sexual abuse. The publication provides a platform for legal case reviews, professional ethics discussions, and personal accounts from individuals and families affected by these issues. The editorial stance appears to be critical of certain therapeutic practices that may lead to the creation of false memories, while advocating for responsible and ethical therapeutic conduct. There is a strong emphasis on providing resources, legal information, and fostering a supportive community for those impacted by these phenomena. The newsletter also promotes awareness and critical thinking regarding mental health practices and their societal implications.