Jury Awards Woman $65M In Punitive Damages After She’s Sexually Abused At Tarzana Hospital

LOS ANGELES (CBS) — A jury Thursday awarded $65 million in punitive damages to a woman who was sexually abused by a male nursing assistant at a Tarzana hospital.

The Los Angeles Superior Court jury reached its verdict in favor of 34- year-old Courtney Rosenberg and against Encino-Tarzana Regional Medical Center after about an hour of deliberations. Her assailant, nursing assistant Ramon Rodas Gaspar, was profiled on Fox television’s “America’s Most Wanted” in 2008 and 2009 and remains a fugitive.

On Tuesday, same panel found the hospital and its former owner, Tenet Healthcare Corp., jointly liable for negligence and sexual harassment and awarded Rosenberg $2.36 million in compensatory damages.

Rosenberg, sitting in the audience with her mother, appeared astonished by the size of the punitive damage award, which was several times larger than what was recommended by her attorney, Michael Piuze. She wept as the jurors comforted her as they left the courtroom.

“Sorry for what you had to go through,” one female juror told her, while another woman on the panel said, “You will get better, trust me.”

Outside the courtroom, Rosenberg said she was still trying to regain her composure.

“I never could have imagined this,” she said. “I think I’m still in shock.”

She also said she plans to get behind legislation for greater protection of patients from hospital employees. She also said hopes to see Gaspar caught.

The punitive damages phase was triggered after the jury found the hospital acted with malice, but not Tenet. Hospital attorney Kenneth Drake said there will be an appeal.

“We’re shocked by the amount of the punitives and don’t believe they are a true reflection of the facts,” Drake said.

Jury foreman Stephen Wystrach, a film archivist from the Silver Lake district, said the panel awarded the large punitive damage award because they believed the hospital could have stepped in and taken action sooner against Gaspar when previous female patients also complained about him. He said the amount of the award rose the more the jurors discussed it.

Rosenberg testified that she had surgery at the hospital in April 2006 for removal of an ovarian cyst. Gaspar exhibited strange behavior by going in and out of her room several times, complimenting her on her appearance and making remarks like “Come to papa,” she said.

However, Rosenberg said she was caught by surprise when the alleged assault occurred. Gaspar told her he wanted to check for any bleeding after her surgery to remove an ovarian cyst, even though her doctor told her some bleeding was normal, she said.

“It all happened so fast,” Rosenberg said. “I felt his hand … and I felt more pain … he didn’t have any gloves on.”

Gaspar stopped when he heard Rosenberg’s mother coming into the room, she said.

Rosenberg filed suit in January 2007. The Clark Street hospital was sold in July 2008 and is now called Providence Tarzana Medical Center.

Gaspar was arrested, but fled after posting bail.

According to Rosenberg, she did not immediately tell her mother what Gaspar allegedly did to her.

“I was ashamed, I was embarrassed,” she said.

Rosenberg said she confided first in her boyfriend and later reported what happened to Los Angeles police, who eventually assigned a detective to her case.

Eventually, Rosenberg and other female patients who also alleged sexual misconduct by Gaspar at the hospital agreed to take part in an LAPD news conference to seek the public’s help in finding him, she said. She and some of the other women also later agreed to be be interviewed for the “America’s Most Wanted” episode, she said.

“They wanted us to help catch him,” Rosenberg said. Rosenberg, who said she has a master’s degree and is trained as a marriage and family therapist intern, told jurors she has seen a psychiatrist since the assault and also takes medication for depression, to deal with panic attacks and to help her sleep.

Rosenberg has suffered post-traumatic stress disorder from her experience, said Piuze. He said his client once enjoyed helping severely disturbed victims of sexual abuse but now finds it hard to cope with that line of work.

Piuze said the verdict also allows for an award of attorneys’ fees to the plaintiff. He said co-counsel Maryann Gallagher has a claim of more than $1 million.

Gallagher said other plaintiffs in the case reached settlements before trial.

(©2011 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services contributed to this report.)

  • Mexico's A Haven For Criminals - They Can Have 'Em!

    Uh, I got got one BIG guess where this sicko’s at… Mexico anyone? I’m glad the jury awarded her the amount that they did and I hope the appeals are denied.

  • http://propertycloud.co.za/2011/11/18/jury-awards-woman-65m-in-punitive-damages-after-she%e2%80%99s-sexually-abused-at-tarzana-hospital/ Jury Awards Woman $65M In Punitive Damages After She’s Sexually Abused At Tarzana Hospital - Property Cloud

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  • Kevin Wick

    I’m glad it is over, we can not sit back and allow these big companies to think they can get away with or sweep under the rug their responsiblities, this is a hospital were you go to be taken care of, a place were you can feel safe.
    I for one, hope one day that R. Gaspar will be caught and taken to trial, and by the way he is not in Mexico.

  • Courtney

    Thank you Kevin so much for being an instrumental part in my fight for justice and sending the message that these big companies can’t get away with ignoring their responsibilities!!!! I truly can’t thank you enough!!!!! I also appreciate you setting the creeps whereabouts straight!! :)

    • Kevin Wick

      Courtney, your very welcomed, your Thank you means a lot, but I was doing what was right, and I hope they got the message.

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  • Juror 12

    As 1 of the jurors I saw Courtney’s courage in following through on this difficult claim. She was belittled for filing the claim and questioned for her every action since the event occurred. Every hosiptal or any facility is responsible for the actions of all of its’ staff. Ignoring any abuse only makes it easier for the ‘perp’ to continue and increase their activities.

    The large verdict is intended to show this defendent and other bisinesses that they must follow up on any such complaints. It would have been far less expensive to respond quickly ON BEHALF of the claimant.

    • Kevin Wick

      I agree, Courtney has courage for doing this, I hope it shows other companies to be more aware what is going on in the company, from the new employee to the top CEO, from juror #1 K.W.

  • Anna B

    I was the last known victim of Gaspar and was happy to testify on Courtney’s behalf. I admire her courage and determination to see this through and hold the hospital responsible.

    My hope is one day that all of us victims will be able to testify in a criminal trial and see Gaspar behind bars where he belongs. I pray that no other women are being victimized while he is still at large.

  • http://malpracticelawsuitslaw.net/californias-biggest-verdicts-go-to-businesses-not-individuals California's biggest verdicts go to businesses, not individuals … | malpracticelawsuitslaw.net

    […] Negligent retention, $67.4 million (Rosenberg v. Encino-Tarzana Regional Medical Center) […]

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