Case details

Hospital negligently retained physical therapy assistant: suit

SUMMARY

$1568750

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, sexual assault, touched genitals
FACTS
In 2011, plaintiff Margarita De La Rosa, 68, underwent physical therapy at White Memorial Medical Center, during which a male physical therapy assistant, James Lynn, performed soft tissue mobilization of the muscles in De La Rosa’s back and legs. However, De La Rosa claimed that during the course of soft tissue mobilization, Lynn intentionally touched her genitals. De La Rosa reported the alleged sexual assault to the police. An investigation was conducted, but no arrest was made. De La Rosa sued Lynn and the companies there were believed to employ Lynn, White Memorial Medical Center, Adventist Health California Medical Group Inc., Adventist Health Southern California Medical Foundation, and Adventist Health System/West. De La Rosa alleged that Lynn sexually assaulted her and that Lynn’s employers negligently supervised and retained Lynn. Several of the defendants were let out of the case, and the matter proceeded to trial against White Memorial Medical Center only. De La Rosa claimed that Lynn took her to a private room, where he intentionally touched her genitals during the soft tissue mobilization. She also claimed that her statement to the police was consistent with this version of events. In addition, she claimed that Lynn had a prior complaint about him, in which Lynn allegedly touched another female patient improperly over the clothes several months earlier, at the same location. Thus, plaintiff’s counsel contended that White Memorial Medical Center negligently supervised and retained Lynn, particularly following the prior complaint about Lynn inappropriately touching another patient. White Memorial Medical Center claimed that no sexual assault occurred and that if anything happened at all, according to De La Rosa’s report to the police, Lynn’s elbow only grazed De La Rosa’s groin area during the massage. Defense counsel contended that De La Rosa’s version to the police was not consistent with other versions. Counsel argued that De La Rosa’s story changed over five times, from no touching of the genital area to alleged digital penetration and an intentional sexual assault. Defense counsel also contended that the prior incident involving Lynn had nothing to do with a sexual touching, as that patient was clothed and the event was observed. Thus, counsel argued that White Memorial Medical Center properly supervised Lynn at all times., De La Rosa claimed that she was sexually assaulted by Lynn, causing her to suffer emotional distress and post-traumatic stress disorder. She subsequently underwent approximately 25 therapy sessions with a psychologist. Thus, De La Rose sought recovery of $6,250 in past medical costs and $62,500 in future medical costs. She also sought recovery of damages for her past and future pain and suffering. Defense counsel noted De La Rosa was sent for therapy by her counsel.
COURT
Superior Court of Los Angeles County, Central, CA

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