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Professional Negligence
LAW REPORTER
Volume 7, Number 1 February 1992
Failure to properly screen, supervise counselors:
Fraud: Mental distress: Verdict: Punitive damages.
Wasson v. Westbranch Residential Treatment Cen., Tex., Harris County, 133d Judicial District
Court, No. 90-00190, Aug. 9, 1991.When Wasson, 15, was admitted to a treatment center for chronic drug abuse, Wasson's father paid
$55,000 and was allegedly told that the center’s counselors were qualified to treat and supervise substance abusers.
During Wasson's treatment, the boy allegedly discovered that
Cathey, his resident counselor, was taking illegal drugs. Cathey allegedly told Wasson that when he became an adult he
too-could take drugs responsibly.One month before Wasson's
discharge, he and his father discovered that Cathey was purportedly,
having an adulterous affair with Wasson's mother.
s a result of Cathey's behavior, Wasson suffered extreme
emotional distress and became increasingly dysfunctional.
Wasson
and his father sued Westbranch, alleging that the facility had
breached its fiduciary, duty, to Wasson and had been grossly
negligent in failing to properly screen, hire, and supervise its
employees.
Evidence revealed that Cathey had a criminal background and
lack of experience in drug counseling. Discovery also revealed various incidents of employee
intoxication and lewd and adulterous acts between patients and
employees on the center's premises.
Plaintiffs also maintained that defendant had breached its
contract with Wasson’s father and had engaged in false,
misleading, or deceptive trade practices. Plaintiff claimed, in part, that defendant had misrepresented
that its staff was qualified to treat and supervise adolescent drug
abusers.
The jury awarded $3.6 million, which included $2 million punitive
damages to Wasson and $I million punitive damages to Wasson's
father.
Plaintiffs’ Experts:
J. Ray Hayes, ethics/professional negligence, Houston, Tex.
Marty Lerman, psychology/substance abuse, Houston, Tex.
Robert White, psychiatry/ethics, Houston, Tex.
Plaintiffs’ Counsel:
Robert S. Bennett,
Randy Reeves, and
Jules Laird, all of Houston, Texas.
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