Statute of limitations does not bar father’s suit against child’s counselor
By A. Janay Ferguson

A plaintiff has no duty to seek out evidence of medical negligence if another "facially logical explanation" for the injury exists, Division Three of the Washington Court of Appeals has held.

In Webb v. Neuroeducation, Inc., P.S., 88 P.3d 417 (Apr. 22, 2004), a father, Mark Webb, sued a psychologist, Dr. Kimberly Chupurdia, for negligently implanting and developing false memories of sexual abuse in his minor son, John Doe. On April 15, 1997, John Doe's mother, Susan Webb Ellis, took John Doe to Chupurdia for counseling. The next day, Chupurdia reported John Doe had been sexually abused by his father and filed a police report. Webb's last contact with his son was in June 1997. Webb tried to speak with Chupurdia, but she refused to communicate with him.

On July 28, 1997, the police told Webb that he was being investigated for sexually abusing John Doe. Both Child Protective Services and the police department later concluded that the allegations lacked corroborating proof and closed their investigations. No formal criminal action was ever taken against Webb.

In 1998, both parents sought to modify John Doe's parenting plan. Webb claimed allegations of sexual abuse were the product of Ellis's paranoia and her suggestions to John Doe. Ellis sought to terminate Webb's visitation rights, relying in part upon a declaration by Chupurdia that recommended all visitation be terminated. On November 18, 1998, Webb offered a contrary declaration, which stated "I believe John Doe has been coached and coaxed into fear and that Dr. Chupurdia contributed to that fear." Webb claimed he had no actual knowledge of John Doe's sessions with Chupurdia, but stated he "very strongly believed" Ellis had given Chupurdia misinformation.

A guardian ad litem (GAL) was appointed for John Doe and charged with investigating the allegations against Webb. An expert specializing in repressed memory was retained to examine Chupurdia's records. This expert's report, issued in July 1999, was highly favorable to Webb. On October 7, 1999, the GAL issued his final report and concluded the repressed memories of sexual abuse had been implanted by Ellis's suggestions and reinforced by Chupurdia's counseling. John Doe continued treatment with Chupurdia until approximately November 11, 1999. On November 26, 2001, Webb filed a damages suit against Chupurdia, alleging her treatment had been negligent and breached her professional standard of care.