Case details

Teenagers claimed program failed to screen sponsor

SUMMARY

$6500000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychiatric, psychological
FACTS
In 2009, plaintiffs Brandon and Austin, 13-year-old boys who had drug and alcohol issues, paid to enter Pacific Health Systems’ Intensive Outpatient Program for treatment of chemical dependency issues. The eight-week program required Austin and Brandon to attend Alcoholics Anonymous meetings and also have an A.A. sponsor. In addition, Pacific Health Systems would not receive compensation for the program unless the two had a sponsor. Accordingly, the boys were introduced to Robert Poizner, a 40-year-old recovering alcoholic. Brandon met Poizner in May 2009, while Austin met him in August 2009. However, unknown to Austin or Brandon, Poizner was a pedophile who had four prior penalizations, including peeping Tom and sexual offenses. As a result, the boys had individual, unsupervised visits with Poizner. Within three weeks of being introduced to Poizner by the Pacific Health Systems counselors, Brandon had chosen Poizner as his A.A. sponsor based upon the recommendation of the counselors and the time limitations that they placed on him to be current with the program goals, as Brandon had previously been having a difficult time finding a sponsor outside of Pacific Health Systems. Brandon claimed that within a month of choosing Poizner as his sponsor, unknown to anyone, Poizner started grooming him off of the Pacific Health Systems premises. The process lasted just about nine months, i.e., May 2009 through February 2010. Brandon’s father had concerns about the amount of time Poizner was spending with Brandon and although he had no specific knowledge of anything going on, Brandon’s father brought his concerns to the attention of the Pacific Health Systems counselors. Those counselors told Brandon’s father to back off, that it was part of the program for them to spend time together, and that Brandon needed it for his sobriety. Brandon denied Poizner did anything to him for over a year. While Brandon was allegedly being groomed, Austin claimed that in late September 2009, Poizner committed over-the-clothes masturbation on him and then again, three days later, during their meetings. Thereafter, Austin’s behavior began to get worse and he started to cut himself. As a result, he had to be hospitalized in a psychiatric unit in January 2010. During his hospitalization, he revealed the two offenses. A police investigation was subsequently launched, and a criminal case revealed that Poizner had molested multiple others. Poizner was convicted and sentenced to prison for 75 years to life. Brandon and Austin, through their fathers, sued Pacific Health Systems LC and Poizner. Brandon and Austin alleged that Pacific Health Systems was negligent in the hiring, supervision and retention of Poizner and that Poizner was negligent for sexual molestation. Plaintiffs’ counsel contended that Pacific Health Systems was negligent in screening Poizner as a sponsor for the boys, as it did not perform a background check, and that it failed to supervise the meetings with Poizner, as they were unsupervised. Counsel also contended that in December 2009, the boys’ parents noticed that Poizner was present at the group family meetings, even though he was not supposed to be, and that Poizner would try to put his arm around Brandon and engage him at those meetings. However, plaintiffs’ counsel contended that although the parents brought their concerns to the director of Pacific Health Systems about why Poizner had to spend so much time with the boys, the director only supported and vouched for Poizner, and said that Poizner was allowed to be present. Defense counsel for Pacific Health Systems argued that Poizner was an A.A. sponsor, a completely separate entity from Pacific Health Systems, who attended the open meetings once a week with the teenager he was sponsoring. Counsel contended that Pacific Health Systems did not do a background check on Poizner, or any other parent that attended the meetings either, because that was not what the law allowed. Counsel also contended that the counselors at Pacific Health Systems had known Poizner as an A.A. sponsor for 10 years and that Poizner was always an exemplary sponsor with glowing feedback from both the teenagers he sponsored and their parents. In addition, defense counsel argued that Pacific Health Systems did not know of any of Poizner’s background and that Pacific Health Systems had no control over Poizner, as Poizner was under the control of A.A. As Poizner was in prison, he did not appear at trial., Austin had issues before meeting Poizner, and was treating in therapy for different forms of drug and alcohol issues. He was also diagnosed as bipolar. However, after Poizner molested Austin in late September 2009, Austin started cutting himself and even beat himself up when he was put in the psychiatric unit for two days. At that point, he was also failing school and cutting classes. Austin ultimately disclosed Poizner’s offenses in January 2010 and then started therapy for the sexual abuse he suffered under Poizner, which was another layer of therapy. Austin eventually graduated from high school, but he continues with his therapies. Prior to his being enrolled in Pacific Health Systems, Brandon was addicted to drugs and was drinking quite heavily. However, after Austin’s disclosure and the police began their investigation, Brandon was also placed in therapy for the sexual abuse/grooming conduct of Poizner. Brandon claimed that he will continue to undergo therapy as a result of Poizner’s actions. Defense counsel contended that Brandon said all along — to his parents, counselors, doctors, police etc. — that he was never molested, and testified that way during Poizner’s criminal trial. Counsel argued that it was not until years into the subject case when Brandon changed his story, which continued to evolve even during the trial, where Brandon broke down and, for the first time, talked of an allegedly “secret” that he had not shared with anyone before trial. Defense counsel added that by the time anyone knew of the new claimed and molestation, the demands were in the millions and millions of dollars. Defense counsel further contended that if what Brandon told all the doctors, including his own expert witness doctor, was to be believed, Brandon has not treated with anyone for many years and that no records or bills were ever produced to suggest Brandon has been treating with anyone.
COURT
Superior Court of San Diego County, San Diego, CA

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