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$________ CONFIDENTIAL Hospital Negligence – Failure to properly monitor patients – Minor plaintiff is coerced into having sexual relations with fellow patients – Post-traumatic Stress Disorder.

Withheld County, MA

In this negligence matter, the minor plaintiff alleged that the defendant hospital was negligent in properly monitoring its mental health patients and in situating them in such a manner as to enable patients to coerce the minor plaintiff into performing sexual acts with other patients. The plaintiff sustained serious mental health issues as a result of these encounters. The defendant denied the allegations.

The 12-year-old minor female plaintiff was admitted to the mental health unit of the defendant hospital. The child had no history of sexual activity and had been admitted for a history of mild to moderate depression. The plaintiff contended that she sustained serious mental health problems and developed post-traumatic stress disorder as a result of being repeatedly coerced into having sexual relations with her two female roommates. The plaintiff brought suit against the defendant hospital alleging that it was negligent in failing to perform proper room checks.

The plaintiff alleged that the time period between room checks permitted the plaintiff’s roommates to coerce her into performing sexual acts. The plaintiff further alleged that the defendant hospital was negligent in its housing arrangements for the plaintiff and other patients, including the assignment of roommates for the plaintiff. The defendant denied the allegations. The defendant maintained that there was no deviation from acceptable standards of care. It further argued that any sexual encounters that may have involved the plaintiff were consensual. The defendant disputed the plaintiff’s claim of damages.

The parties agreed to resolve the plaintiff’s complaint for the sum of $________ in a confidential settlement between the parties.

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