Saint Paul Pioneer Press (Minnesota)

January 25, 1996 Thursday METRO FINAL EDITION

2ND PATIENT WINS AGAINST PSYCHIATRIST;
ACCUSATION OF PLANTING MEMORIES BRINGS MULTIMILLION-DOLLAR VERDICT

BYLINE: BYLINE: Molly Guthrey and Tracey Kaplan, Staff Writers

SECTION: METRO; Pg. 1B

LENGTH: 689 words

A three-month psychiatric malpractice trial in Ramsey County – one in a string of lawsuits against a St. Paul psychiatrist being watched closely by health professionals across the nation – ended Wednesday with a jury award of $2.5 million to one of the doctor’s former patients.
It is the second such multimillion-dollar award in a year against St. Paul psychiatrist Diane Bay Humenansky – and the doctor still faces at least eight more malpractice trials.
Patients have accused her of planting false memories of abuse and multiple personality disorders. This trial, which lasted 13 weeks and with jury deliberations that lasted nine days, is thought to be one of the longest psychiatric malpractice trials in American judicial history and one of the longest trials in Ramsey County history.
The case brought national attention to the controversial and much-debated issue of repressed memory, which involves the theory that a person could endure repeated abuse and not remember it until much later. The repressed memory theory has been a chic one in recent years, but it has been criticized by scientific researchers who say there is no evidence to show it is valid.
“This verdict establishes for the rest of the country that this practice has got to stop. People do not … suppress memories of traumatic events. They remember it all too well. To have an entire treatment based on junk science is inappropriate,” said R. Christopher Barden, attorney former patient Elizabeth Carlson.
“Implanting false memories is an extremely dangerous practice. Wherever they are in the United States, licensing boards and professional associations should do all they can do to stop it immediately.”
Humenansky – who took notes as the verdict was read and showed no emotion – declined to comment on the case. But her attorney, David Patton, said they will appeal.
“Obviously, we’re disappointed in the verdict,” Patton said. “We certainly do not believe that under any circumstances that Dr. Humenansky implanted any false memories.”
In the current case, Carlson, 41, of St. Paul, accused Humenansky of planting false memories during treatment. With hypnosis and mind-altering drugs, Carlson became convinced she had created multiple personalities – including animals and a nun – to deal with supposed sexual assaults by her parents, neighbors and godmother. Carlson says now that abuse never happened and she and her family sought $4 million in damages.
The six-member jury unanimously awarded Carlson and her family $2,511,341, with the bulk of the award going to Carlson for her current and future medical expenses and current and future pain and suffering. Carlson’s husband, David, received $150,000 of the award for the loss of consortium with his wife while she was in treatment. The jury awarded nothing to their daughter, Lisha, 22.
On Wednesday, Ramsey County District Judge Bertrand Poritsky described the jurors as very conscientious. They were known among the courthouse staff as cheerful jurors who took prolific notes, didn’t complain about the various delays in the long trial and even asked to take a tour of the courthouse.
The first Humenansky trial lasted six weeks. In August, a jury awarded former patient Vynette Hamanne and her family $2.4 million. Hamanne testified during that trial that the doctor forced her to believe that, as a child, she had seen her grandmother stirring a cauldron of dead babies. Humenansky allegedly told Hamanne she had been sexually abused by family members who had been part of a satanic cult. The abuse, Humenansky told her patient, caused her to develop multiple personalities.
Elizabeth Carlson and her husband and daughter clasped hands during the announcement of the verdict. Tears rolled down Lisha Carlson’s face as the verdict was read.
“This has been such a nightmare,” Elizabeth Carlson said later. “If I have any skeletons left in the closet after this trial, even I don’t know about them. But for me, it’s a moral issue because she (Humenansky) still practices. That’s why I push so hard.”
The doctor retains her medical license.