“Ms. Karasek claimed that all three defendants misdiagnosed her problem as multiple personality disorder and treated her condition as such. Ms. Karasek contended that she merely suffered from depression and should have been treated appropriately.”

NEW YORK LAW JOURNAL October 20, 2000 Friday VERDICTS & SETTLEMENTS; Pg. 5

PSYCHOTHERAPIST MALPRACTICE Defense verdict; hung jury

Cynthia Karasek v. Myrna LaJoie; Arlene Levine, Ph.D.; and Robert Mayer, Ph.D.

Sept. 25, New York Supreme

JUDGE: Ira S. Gammerman

ATTORNEYS: Anna Stern and Toby Kleinman of Anna Stern, for the plaintiff. Mary E. Pearson, Kopff, Nardelli & Dopf LLP, for Myrna LaJoie.

Robert D. Lang, D’Amato & Lynch, for Dr. Levine.

William E. Mariano, William Mariano & Associates, White Plains, for Dr. Mayer.

FACTS: In 1989, Cynthia Karasek, a 42-year-old self-employed sculptor, initially began treatment with Myrna LaJoie, a social worker.

Testimony indicated that there came a time during her treatment when Ms. Karasek began to refer to herself as various parts, including stating “I am the Builder,” “I am Sexy Cindy,” and “I am the Speaker.”

She wrote letters to Ms. LaJoie referring to herself this way. Ms. LaJoie referred her to Dr. Levine, a psychologist, who treated her for a period of time, and she then returned to treatment with Ms. LaJoie, in addition to treating with Dr. Mayer, a psychoanalyst.

Ms. Karasek claimed that all three defendants misdiagnosed her problem as multiple personality disorder and treated her condition as such. Ms. Karasek contended that she merely suffered from depression and should have been treated appropriately.

She further claimed that the defendants implanted false memories through hypnosis and suggestibility during her treatment sessions, causing her to believe that she had been the victim of incest, and satanic ritual abuse.

She claimed that she suffers from post-traumatic stress disorder, and that as a result, she had difficulty coping with the events that were occurring in her life during the time of her treatment. Ms. Karasek eventually sought treatment with another health care provider.

NOTE: After jury selection and before trial, Dr. Mayer voluntarily declared bankruptcy, staying the proceedings against him. The action against Dr. Mayer was severed; however, he was subpoenaed by Ms. Karasek and called as a witness.

The defendants argued that their treatment of Ms. Karasek was within the standard of care, and that Ms. Karasek’s memories were not false or implanted. Ms. LaJoie and Dr. Levine each testified that Ms. Karasek initiated referring to herself as parts in her letters. They testified that they recommended that she see a psychiatrist, because they could not prescribe medication to help her. Both defendants testified that Ms. Karasek refused to seek this help, and that she felt that they were abandoning her by making these referrals.

Dr. Levine, who treated Ms. Karasek from December 1991 to March 1992, testified that her treatment of Ms. Karasek consisted of helping her deal with the crises in her life created by her dysfunctional relationship with her husband, her relationship with a boyfriend from whom she later became estranged, and in dealing with her son’s epilepsy.

The jury handed down a defense verdict for Doctors Levine and Mayer. The action against Ms. LaJoie resulted in a hung jury concerning the question of whether she was negligent in not appropriately treating Ms. Karasek. That issue will be retried.