Case details

Patients claimed they were sexually assaulted at hospital

SUMMARY

$13400000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 2013, three plaintiffs, Samantha, Crystal and Danielle, were admitted to the Aurora Vista del Mar Psychiatric Hospital, in Ventura. Between the months of February and November of 2013, a mental-health worker, Juan Valencia, allegedly engaged in sexual misconduct with the three patients. Valencia was ultimately terminated from his position in December 2013, and he pleaded guilty to having sex with one of the patients in 2015. He then pleaded guilty to two felonies — rape of an incompetent person, and anal and genital penetration with a foreign object — in regard to the other two patients in 2016. As a result, Valencia is serving a six-year sentence. Samantha, Crystal and Danielle sued Valencia; the operator of the psychiatric hospital, Aurora Vista del Mar Hospital LLC; and the parent owner, operator and manager of 16 hospitals, including Aurora Vista Del Mar, Signature Healthcare Services LLC. Samantha, Crystal and Danielle alleged that Valencia sexually abused them and that Aurora Vista del Mar Hospital and Signature Healthcare Services were negligent in the supervision of Valencia and their patients. They also alleged that the defendants were liable for the abuse of dependent adults, in violation of the elder abuse statute. Samantha, Crystal and Danielle originally brought three separate suits (Docket nos. 56-2015-00464635-CU-PO-VTA, 56-2015-00468326-CU-PO-VTA and 56-2015-00471717-CU-PO-VTA, respectively), but the matters were consolidated. Dr. Atman Reyes and Pre Employ.Com Inc. were also named as defendants, but they were ultimately dismissed from the case. The plaintiffs’ legal services expert testified that she previously prosecuted Valencia in 2000 for statutory rape. She opined that Valencia was likely to reoffend and that it was foreseeable that an opportunistic sexual predator, like Valencia, would be drawn to a place like Aurora Vista del Mar Psychiatric Hospital. Plaintiffs’ counsel contended that the hospital staff acknowledged that Valencia was flirtatious with patients and that Valencia was known as “Rape-y Juan” by his co-workers at the hospital. Counsel argued that Aurora Vista Del Mar Hospital and Signature Healthcare Services failed to do a proper background check on Valencia and that they failed to properly train its staff and supervise Valencia. Counsel argued that as a result, key policies of the hospital were violated, including those pertaining to contact between staff and patients. The plaintiffs’ expert forensic psychologist opined that all three women were unable to consent while they were patients in the psychiatric hospital. The expert explained that all three of the women were diagnosed with psychosis and bipolar personality disorder, which, in her opinion, made them unable to give consent. In addition, the plaintiffs’ psychiatry expert opined that it was improper to leave unlicensed male staff alone with female patients who are acutely psychotic, as sexual abuse is foreseeable in such a setting. The plaintiffs’ nursing expert opined that sexual misconduct between staff and patients is foreseeable in mental health facilities. She testified that she worked at Aurora Vista del Mar Psychiatric Hospital as the director of nursing in 2004, when a rape of 17-year-old patient occurred. The expert claimed that as a result, she recommended to the chief executive officer, an employee of Signature Healthcare Services, to make changes, but that the CEO said no and told her Signature Healthcare Services would not approve. Defense counsel contended that Samantha, Crystal and Danielle’s relationships with Valencia were consensual, but the hospital had a “zero-tolerance rule about fraternizing with patients.” Counsel argued that as a result, Aurora Vista Del Mar Hospital and Signature Healthcare Services should not be held responsible for Valencia breaking the rules. Counsel also argued that Signature Healthcare Services could not be held liable, as it was only a management organization. Defense counsel further argued that even though Valencia had a prior statutory rape conviction in 2000, his conviction was expunged and did not appear in the hospital’s background check. Valencia explained that he 18 years old when he impregnated his then-14-year-old girlfriend and that as a result, he was convicted of statutory rape. He also explained that part of the reason the conviction was expunged was because he lived with his girlfriend and helped raise their child for a period of time. In regard to the subject case, Valencia denied he was known by the nickname the plaintiffs’ alleged, and denied he engaged in any sexual conduct with Samantha while he was a staff member. However, he admitted to the conduct with Crystal and Danielle., Samantha, Crystal and Danielle each alleged that they were sexually assaulted and/or raped by Valencia. The plaintiffs’ expert forensic psychologist opined that all three plaintiffs suffered from post-traumatic stress disorder as a result of the incidents. According to plaintiffs’ counsel, all three forensic defense expert conducted psychological testing of the plaintiffs and found that they were credible, with no malingering. Samantha, Crystal and Danielle sought recovery of damages for their respective emotional pain and suffering. They also sought recovery of punitive damages for their loss of trust while they were supposed to be under medical care.
COURT
Superior Court of Ventura County, Ventura, CA

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