Monroe to appeal $11M verdict
By CHRIS KNIGHT, Enterprise Senior Staff WriterSARANAC LAKE - The lawyer for a Saranac Lake pediatrician is asking U.S. District Court Judge Lawrence Kahn to overturn an $11 million malpractice verdict against her client.
Karen Butler, the lawyer representing Dr. Patricia Monroe and Adirondack Internal Medicine and Pediatrics, is also preparing an appeal to the U.S. Second Circuit Court of Appeals in New York City.
"We really don't think she did anything wrong, and we are going to appeal," Butler said.
Last week, a federal court jury found Monroe was negligent for failing to take steps to prevent two young girls from being repeatedly sexually assaulted by their half-brother while they were living in Lake Placid nine years ago. The jury awarded $6 million to the older sister, now 18, and $5 million to the younger sister, now 16.
Butler said her client had no idea of the extent of sexual abuse the young girls had endured when their mother contacted Monroe's office in August 2000.
"All that was communicated to her was that the daughter said the boy had touched her over her underpants a year earlier," Butler said. "Not in her wildest dreams did she think this was what was happening. The mother didn't know this is what was happening. Nobody thought this is what was happening."
The girls' mother called Monroe after she read an entry in her 9-year-old daughter's diary which said her half-brother, who was 14 at the time, had touched her inappropriately. The mother told Monroe that she had taken steps to obtain counseling for her children, that the girls had been separated from their half-brother and that she wouldn't leave them unattended, according to court documents.
But the mother, who now lives in Lake George, told the Glens Falls Post-Star on Tuesday that she expected Monroe would address the abuse allegations with the children after she reported them.
"I turned it over to the doctor," she said. "I didn't know what to do about it."
Butler said Monroe repeatedly asked to meet with the older girl, but the mother didn't bring her into the office until September, when the girl came down with a sore throat. The alleged abuse wasn't discussed during that appointment.
"Dr. Monroe didn't want to ask her while she was in there for a visit for a sore throat," Butler said. "She wanted to take the time to sit and talk to her the right way. It's a very sensitive conversation."
Monroe never spoke to the girl about the abuse allegation and never reported what she had been told to the state child-abuse hotline.
Butler says that's because the girl refused to speak to Monroe and because the incident wasn't reportable to Child Protective Services.
"They will only take a phone call that relates to abuse or neglect of a child by a caregiver, like a parent," Butler said. "They do not take a call of sibling-on-sibling abuse. They will not talk to you."
Police weren't contacted until February 2001, after one of the girls told her mother about the full extent of the rape and sodomy they had been enduring for months.
The girls' half-brother was arrested a week later, and his case was handled in the Family Court system. He spent a year-and-a-half in a juvenile detention center before he was released.
The girls' claim that Monroe should have reported what their mother told her to Child Protective Services was dismissed in a November 2008 U.S. Second Circuit Court of Appeals ruling. Stephen Coffey, the victims' attorney, had argued that Monroe and Adirondack Internal Medicine had violated their duty under New York's mandatory reporter law to report the suspected abuse.
But the court in November found the abuse would only have been a reportable incident if Monroe thought the girls' mother was incapable or unwilling to protect the children from potential abuse.
"The evidence shows that, at the time of the initial reports of abuse, Dr. Monroe had no reason to believe (the mother) was neglecting her duty to protect her daughters from abuse," that decision reads. "With the information she had at the time, Dr. Monroe did not have a duty to report under New York's mandatory reporting laws."
However, that same ruling overturned an earlier dismissal of the case against Monroe and opened the door for a malpractice claim against her and the medical group.
The appeals court judges said there was a "triable question of fact" as to whether Monroe breached her duty to exercise due care by failing to follow up or investigate the steps the mother was or was not taking to protect her daughters from the abuse. The decision left it up to a jury to decide whether that failure was the "proximate cause" of the girls' injuries.
The jury of four men and four women that heard the case last month deliberated for just over seven hours before handing down their $11 million verdict against Monroe and Adirondack Internal Medicine.
Butler said she was surprised.
"I was surprised they found any negligence, and then I was really flabbergasted by the amount," she said. "That's why New York state needs tort reform. These kind of verdicts are driving doctors out of the state."
Coffey said the girls were happy with the verdict.
"They want to move on," he said. "Do they want to be compensated, of course. But they never asked me how much money they're going to get. Money is not a big thing to these kids."
Coffey disputed claims made by some people that the girls' mother should have contacted police sooner.
"She didn't know about what was going on any more than anybody else," Coffey said.
Butler agreed.
"I don't think she would have consciously just let her son do that to her daughters," she said. "The person who did something wrong in this case was this teenage boy - not anybody else."
The girls' mother told the Post-Star that no amount of money could compensate her family for the "absolute nightmare" they've endured.
"Anybody who wants to spend a day in my shoes, I'd gladly let them," she said. "They couldn't give me $100 million to get me to go through this again."
The initial lawsuit, which was filed in 2002, named other defendants whom the girls' mother had contacted for help, including the Lake Placid Central School District, then-Lake Placid Middle/High School Principal Robert Schiller, then-school Psychologist Randy Quayle, Essex County, St. Agnes Parochial (Catholic) School and the Catholic Diocese of Ogdensburg. But those "mandated reporter" claims were ultimately dismissed.
Coffey said one of the biggest surprises to him was that Monroe's malpractice insurance company never came forward with an offer to settle the case.
"People will be complaining about the amount the jury awarded," he said. "But these are girls who were raped and sodomized. And nobody's asking why Monroe's insurance company let the case get this far without offering a settlement."
Coffey said the $11 million award is the largest medical malpractice verdict his law firm has ever won. Asked what his share will be, Coffey said he could get up to a third of the award, if the verdict is upheld.
"My guess is they're going to fight this as long as they can. They've shown no willingness to come in and discuss this."
Asked if an out-of-court settlement was ever pursued, Butler said, "There was some talk, but settlement negotiations never really got off the ground."
The Enterprise has withheld the names of the girls and their mother from this report because the newspaper does not identify the victims of sexual assault, directly or indirectly.
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Contact Chris Knight at 891-2600 ext. 24 or cknight@adirondackdailyenterprise.com.
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TLNative
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09-05-09 2:31 PM
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How does a school psychologist slip off the list of mandated reporters...it appears to me he/she would qualify, unless he/she is not licensed. It is hard to believe that a NYS Corrections Officer, that is actually a peace officer might be in more danger of being sued than a school pyschologist. Just doesn't make sense, and have you ever tried to confide in your dental hygenist while they had half the equipment in a dental office stuffed in your face ???
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contrary1
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09-04-09 1:12 PM
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The amount of the award might be changed by tort reform, but it wouldn't be a reflection of her guilt or innocence. Most wonderfuly nice people get disgusted, and don't want to get involved in child abuse cases. When they choose to be a Doctor, they lose the right to declare it to be too icky for them to deal with. Considering this case has been dragged through the court process for 9 years, I would say the teams of lawyers were probably pretty evenly matched. People make mistakes and are forced to plea bargain rather risk trial, because the punishment is much more severe if you're found guilty by jury. Her insurance company didn't plea bargain. I feel sorry for her too. It makes me wonder if an AMC boardmember owns the insurer. Being named Head of Pediatrics, would make a nice quid for her pro quo.
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rockydog
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09-04-09 9:22 AM
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Be strong Dr. Monroe. This will get fixed. It's funny how we can drag this good Doctor's name through the mud and not know the mother's identity.
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letschangelaws
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09-04-09 9:13 AM
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www . gopetition . com/online/30536. html no spaces it just wont post comment unless spaces there please help people
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letschangelaws
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09-04-09 9:13 AM
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www . gopetition . com/online/30536. html no spaces it just wont post comment unless spaces there please help people
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letschangelaws
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09-04-09 9:12 AM
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change these laws please www .gopetition****/online/30536 . html
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TruLiberShultz
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09-03-09 9:40 PM
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I wonder how much the jury would have awarded if the doctor had reported the abuse, and the parents/girls had denied any such event. It is not like CSI - physical proof can be overwhelmed by the parties claiming violation of their privacy or conspiracy here. Jurys intoxicated by "deep pockets" and "payback" can subscribe to the "planted/cooked" evidence claim. Worked for OJ. It is a no-win situation for the poor doctors, as shown by the attack on this most conscientious of practitioners.
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letschangelaws
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09-03-09 9:22 PM
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please please sign petition people lets change these laws!!! ****gopetition****/online/30536.html
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concerned
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09-03-09 7:46 PM
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i have never heard anything but praise for dr monroe.....anytime her name is brought up a typical comment is "OH, DON"T YOU JUST LOVE HER"?i personally don't know her, but the entire community seems to, and speaks highly of her............some doctors i have seen deserve life in prison without parole, so as you can see i'm not a dr. worshipper.......as we all know when a case goes to court may the best lawyer win, reguardless of who is right or wrong......a lot lawyers deservre life without parole also
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LinjiS
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09-03-09 6:38 PM
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This is from NYS Office of Children and Family Service web site FAQs:What is a mandated reporter? New York State and the New York State Child Protective System recognize certain professionals as holding the important role of mandated reporter of child abuse or maltreatment. These professionals can be held liable by both the civil and criminal legal systems for intentionally failing to make a report. Professions include: •Social Worker •Licensed Creative Arts Therapist •Licensed Marriage and Family Therapist •Licensed Mental Health Counselor •Licensed Psychoanalyst •Physician •Surgeon •Dentist •Dental Hygienist •Chiropractor •Podiatrist •Medical Examiner •Coroner •Osteopath •Optometrist •Resident •Intern •Registered Nurse •Registered Physician’s Assistant •Psychologist •Mental Health Professional •Substance Abuse Counselor •Alcoholism Counselor •Peace Officer Google "NYS mandate to report child abuse"
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iamamom
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09-03-09 4:32 PM
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These children were failed by a lot of people but the person who failed them the most is their mother. Why did she not go directly to the police? While a Dr. is a mandated reporter, so is the school. Bottom line, it is the mother's responsibility to protect her children. But then again, Mom's don't have malpractice insurance that lawyers can go after and, can't be sued for being a bad mother.
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contrary1
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09-03-09 2:27 PM
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This is a much better article. Whether they were held legally liable or not, it sounds like a whole bunch of people were guilty of a desire to keep this "in the family". Including child protective services. I know the phrase "keep it in the family" is an old saying in Catholic families regarding questions of incest, but I didn't realise it had become a part of public policy. Who wrote their guidebooks...Ortloff?
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FishCric
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09-03-09 1:03 PM
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Yup we need tort reform now! Are you listening? :}
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iceman
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09-03-09 12:59 PM
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Actually you and I will be paying for this in the long run for frivolous lawsuits like this with outrageous judgments and awards. This is the number one problem with the US Health care right here.
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airbornejumper
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09-03-09 12:41 PM
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That's what I have been waiting to see, cantankerous. Thanks for the info.
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cantankerous
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09-03-09 12:31 PM
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Jim Brooks represented all the other parties in thier defense of this...And they were found to not be at fault....And Dr. Monroe gets slammed. Way to go Karen Butler...nice job as counsel. This penalty of 11 million will be adjusted I am sure.
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silenceisgolden
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09-03-09 12:24 PM
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Um, LinjiS, according to this article, it's not mandated if it's sibling abusing sibling. I don't know if that's true-- but that is what the article states. And even if it is the law, Dr. Monroe is most certainly not the only mandated reporter who failed to report-- to hold her culpable but not the rest of the listed agencies is illogical (and should be illegal). The school )including a PhD psychologist) had access to those kids EVERY day but they have less responsibility than the dr?
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LinjiS
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09-03-09 11:56 AM
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It IS the law that doctors and teachers are MANDATED to notify authorities of allegations of abuse. It doesn't matter what the parents wanted.
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ADKpaddler
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09-03-09 11:19 AM
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Sad case for all... I feel sorry for the girls. The only duty anyone possibly had was to call the police. If that is what the mother wanted done, she should have called herself. The only crime was the boy's. The responsibility to investigate was not the Dr's. I'll guess the mother was advised of this by everyone she approached but didn't want to call the police.
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