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1995-02-21
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<text id=94TT0645>
<title>
May 23, 1994: Law:Dubious Memories
</title>
<history>
TIME--The Weekly Newsmagazine--1994
May 23, 1994 Cosmic Crash
</history>
<article>
<source>Time Magazine</source>
<hdr>
LAW, Page 51
Dubious Memories
</hdr>
<body>
<p> A father accused of sexual abuse wins a malpractice judgment
against his daughter's therapists
</p>
<p>By Jill Smolowe--Reported by James Willwerth/Napa
</p>
<p> In the view of one psychiatric expert, Holly Ramona exhibited
the telltale symptoms of sexual abuse. She dreamed repeatedly
of a snake crawling up her vagina, refused gynecological examinations,
and feared men with pointy canine teeth--the kind of teeth
that reminded her of her father, whom she had accused of sexually
abusing her. She had an aversion to whole bananas, melted cheese
and mayonnaise--items, it was claimed, that reflected her
trauma over having to perform oral sex on her father.
</p>
<p> Last week, however, a jury in Napa, California, decided that
the real culprit in Holly's trauma was not her father but two
therapists who helped her "remember" the alleged abuse. The
verdict came in an extraordinary malpractice suit filed by Holly's
father Gary Ramona. He claimed that the therapists had planted
ideas of abuse in an already unstable mind--and in the process
ruined his life. By agreeing with him, the jury struck a serious
blow against the increasingly controversial technique of recovered-memory
therapy.
</p>
<p> Holly's therapy began in 1989, when she was suffering from bulimia.
Her worried mother Stephanie consulted Marche Isabella, a family
counselor, who told her--inaccurately--that up to 80% of
all bulimia cases are caused by childhood sex abuse. After a
few months of therapy with Isabella, Holly began having flashbacks
of her father abusing her. Eventually she claimed to have remembered
a dozen incidents of abuse and rape between the ages of five
and eight. Later Holly asked to be treated with sodium amytal,
which she hoped would elicit the truth. Isabella enlisted psychiatrist
Dr. Richard Rose to help administer the drug. Rose wrote in
his notes that the sodium amytal helped Holly "remember specific
details of sexual molestation."
</p>
<p> A day after the drug treatment, Gary Ramona came to the hospital
for a meeting arranged by Holly. He claims he found a daughter
still groggy from the sodium amytal. Holly sleepily accused
him of raping her, he said, and then Isabella and his wife Stephanie
urged him to "confess" for Holly's good. The next day, Stephanie
served Gary with divorce papers. Rumors of abuse reached the
Robert Mondavi winery, where Ramona was a $400,000-a-year vice
president. He charges that as a direct result he was dismissed
within the year.
</p>
<p> Ramona's attorney, Richard Harrington, called on expert witnesses
to discredit Isabella's and Rose's therapeutic techniques. Harvard
bulimia expert Harrison Pope presented a paper stating that
there is "no relationship" between childhood sexual abuse and
the development of bulimia. Martin Orne, a University of Pennsylvania
psychiatrist who pioneered research of hypnosis and sodium amytal,
wrote in a court brief that the drug is "not useful in ascertaining
`truth'...The patient becomes sensitive and receptive to
suggestions due to the context and to the comments of the interviewers."
Dr. Lenore Terr, a prominent defender of recovered memories
and a chief witness for the defense, admitted under questioning
that at least one of Holly's "flashbacks"--of being forced
to perform oral sex on the family dog--was dubious. That admission
helped cast doubt on all of Holly's sex-abuse memories.
</p>
<p> In finding against the therapists, 10 to 2 (a unanimous vote
was not required in the civil case), the jury awarded Ramona
only $500,000 of the $8 million in damages he had sought. Still,
he hailed the verdict as a "tremendous victory." Said jury foreman
Thomas Dudum: "We felt that there was nothing done ((by the
therapists)) that was malicious. It was more a case of negligence."
The ruling does not answer the question of what happened to
Holly Ramona. (No criminal charges have been filed against her
father.) But it will almost certainly make recovered-memory
therapists more cautious about how they try to unravel such
questions in the future.
</p>
</body>
</article>
</text>