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Claire was a bright, young woman, full of potential and optimism. At just 24 years old, she had recently graduated at the top of her class and was embarking on the next chapter of her life. Known for her infectious smile and sunny disposition, Claire was the kind of person who lit up any room she entered. However, beneath this cheerful exterior, Claire was battling deep-seated anxiety, depression, and boundary issues, all stemming from sexual trauma she endured during her time in college. Desperate for help, Claire turned to PsyCare, hoping to find the support she needed to heal.
We are San Diego’s Award-winning personal injury law firm. In the last three years, our San Diego personal injury lawyers have won tens of millions in settlements and verdicts for our clients. HHJ Trial Attorneys have been featured in the San Diego local news (ABC 10News San Diego) for recovering some of most challenging personal injury cases in southern California.
Defense offered $350,000 before trial
Defense offered $0 before trial. Largest therapist sexual abuse jury verdict in San Diego County.
Defendants offer was $150,000 before trial. We got 17 times the offer at trial for our client.
At PsyCare, Claire was assigned to a therapist named Rodrigo. Initially, Rodrigo appeared to be everything Claire needed—polite, understanding, and easy to talk to. She felt comfortable enough to share her deepest struggles and traumas with him, believing that he could help her navigate the difficult road to recovery. However, as their sessions progressed, Rodrigo’s approach took a troubling turn. He began engaging in role-playing scenarios, asking Claire to imagine him as her boyfriend on a date, and probed into her sexual relationships and personal habits in ways that felt invasive. Claire, trusting in the process, believed this was all part of her treatment.
Eventually, Rodrigo crossed a line that should never be crossed. He asked Claire if she, like many of his other clients, was attracted to him. When Claire admitted that she was, but would never act on it, Rodrigo pushed further, asking if she would consider having a sexual relationship with him. Conflicted and vulnerable, Claire agreed. After their encounter, Rodrigo abruptly cut off all contact with her, leaving Claire more damaged than before.
Claire reached out to us for help in late 2019, devastated and betrayed. We immediately filed a lawsuit against Rodrigo and PsyCare, determined to hold them accountable for the abuse of trust and the harm they had caused. During mediation, PsyCare claimed they had done nothing wrong and refused to offer a single dollar in compensation. We wasted no time in releasing them from mediation and focused our efforts on Rodrigo.
Rodrigo’s attorney attempted to dismiss the case, arguing that his insurance would not cover sexual acts and that they would not pay anything. However, we stood firm, reminding them of their duty to defend and offering them a choice: settle now for $250,000 or face a costly trial. Reluctantly, they agreed to settle for the full amount.
With the settlement from Rodrigo secured, we turned our attention back to PsyCare. Through the discovery process, we uncovered a prior complaint against Rodrigo for making sexually inappropriate comments to another female patient just six months earlier. Despite this, PsyCare had chosen to keep Rodrigo on staff, prioritizing their financial interests over the safety of their patients.
The defense was unyielding, sending us a 998 offer for zero dollars and threatening to file malicious prosecution and slander charges against us if they won. Their attorney, boasting 16 years of experience in medical malpractice, belittled our case, insisting that we had no chance of winning. They even sent a final 998 offer the week before trial, urging us to dismiss the case or risk facing their wrath in court.
Michael and Elliott began the trial on July 5th in downtown San Diego, armed with a well-thought-out strategy based on extensive focus group research. They carefully selected the jury, leaving two attorneys and a law student on the panel, and called PsyCare’s owner as their first witness. Elliott’s cross-examination was devastating, painting the owner as the villain who prioritized profits over patient safety.
The defense tried to argue that the relationship between Rodrigo and Claire was consensual, and that PsyCare couldn’t have prevented it. We countered by exposing every detail of Rodrigo’s grooming and manipulation, emphasizing how he took advantage of one of the most vulnerable members of society. We also highlighted PsyCare’s negligence in keeping Rodrigo employed despite his history of inappropriate behavior.
In his closing argument, Michael asked the jury for $1.25 million in damages. After a day of deliberations, the jury returned with a verdict of $1.75 million—surpassing our request and making it the second-highest medical malpractice verdict in San Diego history.
Claire’s story is a stark reminder of the importance of accountability in the medical and therapeutic professions. This case not only brought justice for Claire but also set a powerful precedent in the fight against the exploitation of vulnerable patients. The verdict stands as a testament to the resilience of survivors and the relentless pursuit of justice by those who advocate for them.
