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NOTICE:

  CASE RESULTS AS PRESENTED IN THE FOLLOWING ACTUAL CASES, DEPEND UPON A VARIETY OF FACT0RS UNIQUE TO EACH CASE. THE RESULTS OBTAINED IN THESE CASES DO NOT GUARANTEE OR NECESSARILY PREDICT A SIMILAR RESULT IN ANY FUTURE CASES. (Notice pursuant to Virginia State Bar Rule 7.2(a)(3).)

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Rearender settles for policy limits of $1M

REARENDER 
Rear End - Motor Vehicle Collision

From The Virginia Lawyers Weekly - December 25th, 2006

Type of Action: Rear end and motor vehicle collision.
Name of Case: Winstead vs. Henry's Wrecker Service of Fairfax County Inc.
Jurisdiction: Circuit Court of Fairfax County (no suit filed)
Settlement: $1,000,000
Special Damages: $300,000 in medicals
Plaintiff's Attorney: Roger L. Amole, Alexandria
Plaintiff's Experts: Michael W. Hasz, M.D.; Pierre Nedelcovych, M.D., Abraham Cherrick, M.D.
Insurance Carrier: SUA Insurance Company, Chicago

On March 5, 2005, Larry Winstead, 56, was struck from the rear by the driver of a Henry's Wrecker Service tow truck which was trying to make a lane change. Mr. Winstead's vehicle had come to a stop due to traffic backup despite a green light. Prior to this accident, Mr Winstead had undergone four surgeries; two to the lumbar and two to the cervical regions of his spine column. The last surgery before the subject accident was performed about a year earlier, on April 1 2004, which was a decompressive lumbar hemilaminectomy. During the year between that surgery and the accident, Winstead Improved some but was unable to return to his previous employment as an auto mechanic and had to accept a position as an emissions inspector which requires less heavy lifting. He was still on six Percocet a day for pain at the time of this accident.

As a result of the collision with Henry's Wrecker Service, Winstead experienced severe new pain described as an 8 out of 10 on the analog scale. He began receiving physical therapy which failed to improve his condition. He was given epidural injections over six months but continued to deteriorate. After various changes in medication, physical therapy and further epidural injections, he underwent lumbar discography at Reston Hospital. Based on the discography performed at five levels, T12-L1, L1-2, L2-3, L4-5, L5-S1, it was determined that Winstead needed and would likely benefit from extensive lumbar surgery.It was decided that because the needed surgery was so extensive, it would be done on two seperate days. The initial surgery was performed on Dec. 20, 2005; anterior lumber fusions at L3-4, L4-5, L5-S1; anterior lumbar partial discectomy and fusions at L3-4 and L4-5; placement of intervertebral prosthetic device at L5-S 1, all performed by Dr. Michael Hasz at Reston Hospital. Two days later, Dr. Hasz performed posterior thoratcic fusion at T10-1 1, T11-12 and T 1 1-L1 (the thoracic spine had never been symptomatic. It was used essentially as an anchor) lumbar fusion at L1-2; posterolateral lumbar fusion at L2-3, L3-4, L4-5, L5-S1.

Winstead did not work from March 5, 2005, until June 2005 when he returned to his job as an emissions inspector. He has continued to work up through the present.

From the time of the accident through August, 2006, Winstead required 10-12 Percocet just to get through a day which was twice the amount he was using before the accident. He has been told by his physicians that he will have chronic low back pain for the rest of his life. He has recently begun seeing Abraham Cherrick, M.D. of Capitol Spine and Pain Center. Dr. Cherrick has managed to wean Winstead from most of the Percocet and has started him on a new drug which is allowing him to sleep through the night, something he had not done since the accident. Winstead's physicians have told him most people with this condition end up on disability before reaching retirement age.

The plaintiff's approach to settlement was to assume Winstead's return to employment was temporary and that total disability was a foregone conclusion based upon his doctor's statments. The insurance carrier was presented with a chart showing Winstead's monthly expenses calculating their annual escalation through his life expectancy of 78 and a chart showing the effects of disabling injuries from the loss of a standard work life experience which showed the gross cash flow needs through his life expectancy and calculated an amount of foregone surplus retirement savings or funds, Winstead could have saved over his remaining work life as a productive employee if he were able to work. In his case, this sum was about $330,000. In addition, Winstead has increased risk for further surgery and there is no assurance that Medicare will cover these costs in the future under current laws. A sum was calculated showing that his future out-of-pocket medical expenses will likely run $4,000 a year based upon his current and past experience which will probably be approximately $88,000 over his life time. Winstead's  hospital, surgical therapy and medication costs in relation to this accident were approximately $300,000. His health insurance provider under his wife's policy, Anthem Blue Cross Blue Shield, filed an FBHBA claim for reimbursement of $102,000 paid under his wife's insurance policy toward those costs.

Henry's Wrecker Service representatives argued that there were significant medical causation issues; Winstead had a known congenital condition which caused him to have multiple previous surgeries from which he had already sustained significant permanent disability.

On Oct. 26, 2006, without filing suit, the case was settled for the policy limits of $1 million. The policy provided for personal injury and property damage combined. The property damage payment was $6,464.75, made shortly after the accident. The balance applying to the personal injury claim was $993,535.25

 

 


NEGLIGENCE - Automobile Accident - Soft Tissue - Chronic Pain

NEGLIGENCE
Automobile Accident - Soft Tissue - Chronic Pain

From The Virginia Lawyers Weekly, 2001

Type of Action-Personal injury - automobile accident - soft tissue injury - Chronic Pain
Type of Injuries-Soft tissue - severe neck and back strain - shoulder dislocation
Name of case-Whitford V. Murtland and Embry
Court case No.-Circuit Court of Loudoun County
Special Damages-Medical and therapy expenses, $27,000 - lost income and benefits, $246,227.
Awarded or settled-Settled
Amount-$600,000
Attorney for Plaintiff-Roger L. Amole, Alexandria
Plaintiff's Experts-Richard Falkenstein, M.D. (family practitioner); Michael Dennis, M.D. neurologist); Mayo Friedlis, M.D. (physiatrist); Francis Thomas (vocational rehabilitation counselor); Richard Edelman (economist).
Defendant's Experts-Joseph B. Linehan, M.D. (orthopedic surgeon).
Insurance Carrier-USAA for defendant Murtland and Travelers for defendant Embry.

Other Useful Information-The plaintiff was a 44-year-old sales account manager at Siemens with a successful work history, earning as high as $178,000 in 1997. She and her husband, an airline pilot, also operated together a small horse farm, breeding and training horses for dressage competitions.

On Dec. 15, 1998, the plaintiff was driving home northbound on Rt. 50 near the intersection with Rt. 600. As she approached the intersection, she could see a portion of a tractor in an eastbound lane without lights or reflectors. Suddenly, a vehicle swerved from behind the tractor into the westbound lane, forcing the plaintiff's vehicle off the road and into a telephone pole. The plaintiff's vehicle was a total loss. The tractor driver, defendant Embry, left the scene after the accident without attempting to assist the victims. He was later charged with a felony and two misdemeanors related to leaving the scene of the accident. The defendant Embry claimed he was not in the eastbound lane at any time prior to the accident and fled the scene because he was "scared." But the plaintiff, defendant Murtland, and other witnesses placed all or some portion of the tractor in the eastbound lane without lights or reflectors at the time of the accident. Several witnesses did testify that the tractor was off of the roadway in a parking area shortly before the accident.

As a result of the accident, the plaintiff was never able to return to her sales account position at Siemens. She tried returning on a part time basis in February 1999, but was unable to work at a computer for long periods of time as the job required. An ergonomic analysis was performed by Siemens, which implemented a number of recommendations designed to relieve the stress of using the computer and minimizing her travel time. In addition, a new position was created for her, entitled, "business development manager," which was a lower stress job but involved decreased opportunity for achieving high income through commisions and bonuses. Despite these changes, the plaintiff was still unable to perform duties of the new position without significant pain and discomfort. She lacked the energy and focus which were her former strengths as a worker. As a consequence, she had to resign as a Siemens employee in August 2000.

Dr. Francis Thomas, a vocational rehabilitation specialist, estimated due to her limitations as a result of chronic pain, the plaintiff's future earning capacity in an administrative support position was $36,535 per year. Using this as a basis of calculations of future loss of income, Dr. Edelman computed the present value of the plaintiff's future economic loss as $2,586,745.

Although the plaintiff described her present condition to Dr. Friedlis as 50 percent to 60 percent improved in the neck area and 75 percent improved in the low back area, she still experiences pain to such degree that she has to have periodic trigger point injections and takes daily pain medication (Vicodin). Surgery was not recommended, but she is being considered for a new type of pain management called "proliferant injections" which will be administered by Dr. Friedlis.

Dr. Linehan, the defendant's expert, was prepared to testify that the plaintiff had sustained a neck and back strain but had no current residuals from the auto accident and was capable of working at her old position or any position which involved work at a computer; that her cervical disc bulges predated the accident and developed over a long period of time beginning with a previous neck and back problem 15 years earlier.
[01-T-104]

 

 


Medical Malpractice - Stroke - Failure to Anticoagulate

From the Virginia Lawyers Weekly, December 11, 1995

MEDICAL MALPRACTICE
Stroke - Failure to Anticoagulate

Type of Action-Medical Malpractice
Type of Injuries-Embolic cerebral stroke
Name of case-Strobel V. Rajan
Court case No.-Fairfax Circuit Court, Law No. 138127
Judge or Jury-Jury
Name of Judge-Judge M. Langhorne Keith
Special Damages-Medical expenses $79,958.34; nursing home $135,260.42
Damages awarded or settled-Awarded
Amount-$2,500,000
Attorney for Plaintiff-Roger L. Amole, Alexandria
Insurance Carrier-Medical Mut. Liability Ins. Soc. of Maryland
Highest Offer-None
Plaintiff's Experts-Kenneth Allen Ellenbogen M.D.; Medical college of Virginia
Defendant's Experts-Ted Friehling M.D., Fairfax, Richard A. Schwartz, Alexandria

Other Useful Information- The plaintiff, at age 67, underwent an electrocardioversion performed by the defendant Narian Rajan of the Mount Vernon Cardiology Associates, because of atrial fibrillation, a type of irregular heartbeat. Approximately 36 hours after the procedure she suffered an embolic cerebral stroke, which left her partially paralyzed (left hemiparesis), unable to walk, partially incontinent, and with some cognitive impairments. The plaintiff alleged that the defendants failed in the standard of care by insufficiently anticoagulating her before and after her electrocardioversion, which caused her to suffer the stroke.

In approximately March 1992, the plaintiff began having increasing cardiac dysrhythmia. Her symptoms persisted and in January 1993, she was started on 2.5mgs. daily of Coumadin, and anticoagulant (blood thinning) drug by her primary care physician, presumably for the purpose of minimizing her risk for embolism because of atrial fibrilation. On the advice of defendant Mt. Vernon Cardiaology Assoc., the plaintiff was electively admitted to Mt. Vernon hospital on March 4, 1993, for observation and chemical cardioversion to a normal heart rate or "sinus rhythm." At that time her electrocardiogram showed bilateral enlargement. No clots were noted. The chemical cardioversion successfully returned her to sinus rhythm and she was released from the hospital on March 5, seemingly improved. However she reverted to atrial fibrilation and she was again admitted to Mt. Vernon hospital on March 14, 1993. Because she had also been experiencing chest pains, an exercise thallium study was performed showing no evidence of exercise induced ischemia. Dr. Rajan attempted to chemically cardiovert the plaintiff without success and on March 19 he electrocardioverted her twice, which succeeded in returning her to sinus rhythm. She was released from the hospital the following day and after returning home suffered her stroke.

The plaintiff's evidence established through Dr. Ellenbogen that stroke is the known risk associated with cardioversion and the absence of sufficient anticoagulation , and further that embolic episodes such as the one the plaintiff suffered within 36 hours of the electrocardioversion is well within the period when the embolic event would be expected to occur if related to the cardioversion. The standard of care required that the defendants should perform cardioversion only after fully anticoagulating the patient three weeks before the cardioversion and three to four weeks after the cardioversion. The plaintiff's recorded prothrombin (clotting) times during the period of Rajan's management through and including the date of the electrocardioversion indicated that virtually no theraputic anticoagulation was achieved for this patient at anytime before the electrocardioversion was performed.

The defendants admitted into evidence the unanimous finding of a medical-malpractice review panel that the evidence does not support a conclusion that the health care providers failed to comply with the appropriate standard of care. The defendant's expert, Dr. Friehling, testified that Rajan was within the standard of care in performing the procedure with the plaintiff's clotting time only "mildly elevated" in view of the fact that she presented significant risks of bleeding if given higher dosages of Coumadin. The plaintiff argued that she was not at high risk of bleeding and had no contraindications to receiving a theraputic dosage of Coumadin, and even if she did, the standard of care required that the cardiologist in charge of her management not perform the procedure, absent emergent circumstances, unless he concluded she could be safely anticoagulated within the theraputic range. All experts agreed that the electrocardioversion was not an emergency procedure and could have been deferred for a matter of weeks or even longer. This would have allowed time to elevate her prothrombin to theraputic levels.
[95-T325]

 

 


'Negligent' Receptionist Tags Doctors with Liability

'Negligent' Receptionist Tags Doctors with Liability
From Lawyers Weekly, February 5, 2001
by Dawn Chase

Even though an Alexandria jury found for a physician in a medical malpractice suit, it nonetheless found against the physician's practice, in part because of the negligence of a receptionist who scheduled the appointment.

The jury found that the receptionist and a triage nurse were negligent after hearing testimony that each had violated the standard of care for her job, and by doing so had contributed to the practice's failure to diagnose and treat a viral eye infection, which caused the Plaintiff to go blind.

The jury awarded $650,000 in the case, which ultimately was settled, in the wake of post-trial motions, for $300,000.

The case, Runyon v. Stitch, Cochran and VNC Neuroscience Center Ltd., was tried over five days beginning Oct. 16, with Alexandria Circuit Judge Alfred D. Swersky - presiding. A verdict & Settlement Report appears on Page 17.

Med-mal attorneys consulted by Virginia Lawyers Weekly could recall no other cases of a verdict tied to a receptionist's negligence. Roger L. Amole of Alexandria, the plaintiff's lawyer in the case, considers it a case of first impression.

Defense lawyers included Tara M. McCarthy, who represented the medical practice and who could not be reached for comment, and Stephen L. Altman, who represented the physician.

According to Amole, the facts of the case are these: The patient was a 65 year old man who was receiving chemotherapy for Lymphoma. He experienced a sudden decrease in the peripheral vision of his right eye. He went to an opthalmologist, who after finding no disease or injury, referred him to a neuro-ophthalmologist.

The man's wife called to make an appointment with the specialist, stating it was an emergency. The receptionist told her that the neuro-ophthalmologist would not be available for a month, and instead scheduled the man to see a neurologist one week later. "The young person on the phone, in effect, made that decision," Amole said.

The Neurologist examined the man in February 1998, and saw indications of poor optic nerve function or retinal function in his right eye. The neurologist was not, however, qualified to perform a particular test - an indirect fundoscopic exam - that could have detected the virus.

The neurologist surmised that the problem was due to decreased blood to the optic nerve, related to the lymphoma. He arranged for the man to undergo further tests, including an MRI, and return in two weeks.

The man's vision continued to deteriorate. His wife contacted the practice twice, the second time reporting to a triage nurse that her husband's vision was nearly gone in his right eye. The neurologist's note instructed the man to see an eye doctor, but that message was never delivered by the nurse to the man or his wife.

On March 15, the man's left eye began to fail. His oncologist examined him on March 16 and, using an ophthalmoscope, found his right eye severley inflamed. He referred the man immediately to an ophthalmologist, who sent him on to a retina specialist. The last two doctors diagnosed the condition as viral retinitis.

The man was immediately hospitalized and given anti-viral medication. The treatment came too late to save his right eye. Surgery was required to repair the left eye. His remaining sight amounted to "looking through a straw covered at the end with saran wrap," acording to expert testimony.

The Plaintiff's experts included Sandra Dahl. a registered nurse with a master's degree in health-care administration. She testified that the receptionist violated the standard of care required of office personnel.

The receptionist should have treated the initial call from the patient's wife as an emergency, Dahl testified. She should have talked to an RN or physician about the call immediately or referred the patient to an emergency room if the neuro-ophthalmologist was not available.

Also, the receptionist should not have offered a less qualified physician as a substitute for the neuro-ophthalmologist, Dahl said. And she should not have scheduled the appointment a week away.

The triage nurse violated standards of care by failing to record adequate information from the patient about his symptoms, and by failing to convey the doctor's instructions to go to an ophthalmologist to the patient, she said.

Physician experts testified that the man's vision could have been saved as early a Feb. 25, but was irretrievable by the time the diagnosis was made.

The man tried to make the case that the neurologist who conducted the examination was bound by the standard of care for a neuro-ophthalmologist, because he was substituting for one. That did not fly with the jury, however, which found in favor of the doctor.

Complicating factors in the case included the fact that the Ophthalmologist who made the initial referral to the neuro-ophthalmologist did not refer to the situation as an emergency. The Plaintiff presented no evidence that the receptionist should nonetheless have treated it as an emergency, because the patient's wife had said it was.

Also, the size of the award was challenged because the man lived less than two years with his blindness, Amole said.

According to Amole, the defense filed post-trial motions asking that the verdict be set aside. If the neurologist was not negligent, his practice could not be held negligent either, the defense argued. And, even if the nurse and receptionist were negligent, they could not have been the proximate cause of injury, the defense argued.

The Plaintiff countered that the jury might have acquitted the neurologist because they did not think he should be held to the higher standard of care, or because he did not know that the Plaintiff had been referred to a neuro-ophthalmologist - which should not let the practice off the hook.

The defense asked that the award be reduced, arguing that the size was shocking to the conscience and the result of prejudice, sympathy or bias. The court took the motions under advisement, and the case settled.

The concept of holding a receptionist negligent in a med-mal case opens an interesting question, suggested Plaintiff's lawyer, William E. Artz of Arlington. Clerical staff currently are not considered health-care providers under Virginia's med-mal statute. Does that mean that such employees are not subject to the $1.5 million statutory cap on damages? Artz asked.

 

 


Auto Accident - Back Injuries

From the Virginia Lawyers Weekly, April 1992

Negligence
Auto Accident - Back Injuries
Type of Action:
Motor vehicle accident - negligence
Type of Injuries: Herniated disc, L5, S1, laminectomy.
Court/Case No.: U.S. District Court for the Eastern District of Virginia, Civil Action No. 91-0663-A.
Special Damages: Medicals, $21,686; lost wages, $32,979.
Amount: $205,000
Attorney for Plaintiff: Roger L. Amole Jr., Alexandria.
Name of Case: James David Austin v. Ehrlich Poultry and Beef, Inc. and Alfonso McKee.
Insurance Carrier: Nationwide
Plaintiff's Experts: Dr. Bruce Ammerman, neurosurgeon; Dr. David Ellis, chiropractor; Francis Thomas, vocational expert; Evan Allan, economist.
Defendant's Experts: Dr. Ronald Bortnick, neurosurgeon.
Other Useful Information: In this intersection accident, the defendant's truck came down a hill through a red light, striking the Plaintiff's vehicle broadside.
The Defendants claimed brake failure. During the defendant's deposition, he revealed he had realized there was "a little to much play in the brakes" some time prior to reaching the vicinity of the accident. he further stated"...I don't think that the brakes were adjusted enough to really stop the truck like it was supposed to stop the truck." Yet he continued to drive and made no effort to seek repairs before being involved in the accident. On the basis of this evidence, the Plaintiff was granted leave to amend, adding a count for punitive damages due to the Defendants' willful and reckless disregard for the Plaintiff's safety.
[92-T81]

 

 


Motorcycle Sidecar - Weld Failure

From The Virginia Lawyers Weekly, 1991

Negligence
Motorcycle Sidecar - Weld Failure

Type of Action: Personal Injury
Type of Injuries: Linear fracture of C5 cervical vertebra and subluxation of C4 over C5.
Court/Case No.: U.S. District Court for the Eastern District of Virginia, Alexandria Division. The Following case numbers were consolidated for trial: CA90-0173-A, CA90-0174-A and CA90-0175-A.
Judge or Jury: Jury
Name of Judge: Judge James C. Cacheria
Special Damages: Total medical expenses:
Plaintiff (Cress), $5,567; motorcycle driver (Cranston), $1314; motorcycle passenger (Grant), $5,876.
Damages Awarded or Settled: Jury award amount - Motorcycle driver (Cranston), $7,000; motorcycle passenger (Grant), $17,500; sidecar passenger (Cress), $277,000. Combined total of verdicts, $301,500.
Attorney for Plaintiff: Roger L. Amole Jr., Alexandria.
Name of Cases: Thomas L. Cress, Jr. v. Harley-Davidson, Inc. and Donald E. Waugh t/a Waugh Enterprises; William H. Cranston v. Harley-Davidson, Inc. and Donald E. Waugh t/s Waugh Enterprises; Johhny M. Grant v. . Harley-Davidson, Inc. and Donald E. Waugh t/s Waugh Enterprises.
Insurance Carrier: Federated Mutual Insurance Co.
Highest Offer: $80,000
Other Useful Information: The accident occurred when a weld failed on the rear support bracket attaching the motorcycle to the sidecar, causing the motorcycle to become unstable and crash. The sidecar occupant, Cress, sustained a linear fracture of C5 which healed in excellent position. He was left with a subluxation of C4 over C5, permanently disabled from working as a heavy duty truck mechanic.
The driver, Cranston, sustained superficial wounds and post traumatic stress disorder. The passenger, Grant, received a concussion, five centimeter scar through his right eyebrow and some cognitive problems as a result of the head injury.
[91-T159]

 

The Washington Post, February, 6 1994
By Bill Miller (Staff Writer)  


Personal Injury - Clergy Sexual Abuse

She was a 13-year-old schoolgirl and Father Steve was her parish priest. But a friendship that began with trust turned into years of sex abuse, she contends in a lawsuit, with secret encounters in rectories, at parish retreats and in the church confessional.

Now 30, the woman alleges in her complaint that the Rev. Stephen Roszel, pastor of a Catholic parish in Alexandria, convinced her that it was God's will that they carry on the long-term affair. As she finished high school, went off to college and graduated, Roszel allegedly nurtured their relationship through more than 100 letters, and she kept a diary, beginning in the eighth grade.

It was she who finally called it off two years ago, the woman said. By then, she had suffered tremendous stress and anguish, according to her lawsuit.

"I feel it's really essential for me to heal, to do this," the woman said in an interview. "Otherwise, it's this awful thing that happened to me, and there's nothing I can do about it."The woman has sued Roszel and the Diocese of Arlington for more than $12 million in Alexandria Circuit Court, accusing him of sexual abuse and assault and battery, and the diocese of negligence. Roszel, 42, has been placed on administrative leave by the diocese from his parish, Blessed Sacrament Catholic Church, pending results of the lawsuit and the church's investigation into the matter.

In a statement issued through a lawyer last week, the priest vowed to wage a vigorous defense against the allegations. "I categorically deny any improper activity that would subject me or my church to liability," he wrote. "I have full trust and confidence in the system to know that when all inquiries in this matter are over, that it will be clear that there is no basis to the lawsuit."

Roszel also said in the statement that he had known the woman and her family for many years and that "I deeply regret that our friendship has come to this." He declined further comment on the allegations.

According to the woman's lawsuit, the relationship began when she was a student at the school run by St. Ann's Catholic Church in Arlington. At that time, Roszel, who later moved on to other churches before becoming pastor of Blessed Sacrament in 1990, was 26, and she was 13. At St. Ann's, he frequently worked with youth.

Roszel told her that "a love relationship between the two of them would bring them closer to God," the complaint says. It adds that Roszel told the woman that God was watching over them and that the priest often led them in prayer after sex.

Diocesan officials, who said Bishop John R. Keating first learned of allegations in November, said they will take action against Roszel if the woman's claims are proved. They released a statement through a lawyer last week that said the alleged sex activities are barred by the church's canon law, the diocese's ethical standards and "the moral law of God."

Although Blessed Sacrament's parishioners have been told that Roszel is on a personal leave, they have not been informed that any allegations are pending against him. He has been gone from the church since November, shortly after lawyer Roger L. Amole Jr. and the woman, named in the lawsuit as Jane Roe, met with diocesan officials to outline their claims.

The lawsuit raises familiar issues for the Catholic Church, which in recent years has struggled with a wave of well-publicized sexual scandals, including the case of James R. Porter, a former priest who was convicted last year of molesting 28 children in Massachusetts during the 1960's and 1970's. Last year, Pope John Paul II acknowledged a need to root out priests who commit such acts.

Lawyers and other specialists estimate that at least 400 priests nationwide have been abusing church members and say that Catholic dioceses have spent about $400 million to settle lawsuits filed by victims.

"You find that in a lot of these cases, a priest will tell a victim this is a special relationship sanctioned by God," said Jason Berry, a New Orleans author who spent seven years researching a book on priests and sex abuse. "In many of these twisted alliances, the priest really does fall in love."

In a recent interview at Amole's office, the woman said she decided to sue Roszel because she has realized, through years of therapy, that the relationship was destructive.

"I had started therapy, and I felt angry and frustrated with not having a regular relationship," said the woman, whose name is not being used by The Washington Post because she is a possible victim of sexual abuse.

Among other things, she said, she suffers from depression and post-traumatic stress disorder, has frequent flashbacks and nightmares and has difficulties in relationships with men.

The complaint has been under seal since it was filed Dec. 3, under orders from Circuit Court Judge Donald H. Kent. However, lawyers are free to divulge its contents, and Amole recently allowed The Post to review it.

According to the lawsuit, the woman's relationship with the priest is a story of betrayal.

Not long after they met in 1977, Roszel singled out the 13-year-old for special attention, the complaint says. He made suggestive remarks, sent her cards and flowers, and frequently visited her and her family.

Soon after the relationship began, the sexual activity started, she alleges in her suit. The complaint also says that Roszel frequently wrote her letters and includes excerpts from several of them.

One letter from the priest arrived on the girl's 14th birthday, the complaint says. "When I got to St. Ann's I discovered how special you were to me and I love you very much," the letter allegedly said. "I didn't think or worry about it. I enjoyed it and gave thanks to God that you were here."

A second letter from Roszel, dated May 1, 1979, allegedly included the statements, "I'm still God's message to you that you are lovable, good and beautiful. Not to mention soft, tender and pretty."

Another letter, written nine years later, according to the complaint, said: "As scary as things are, I thank God every day for you in my life. You are pretty and sexy."

The complaint also said the teenager kept a diary of the affair with Father Steve. "I'm slowly but quickly going nuts! Help! Physically I feel strange," the girl wrote on Nov. 16, 1978. "Why can't I go to sleep...Steve - so hard just to give him my love and no future."

In another diary entry, dated Nov. 7, 1979, and addressed "Dear Jesus," the 15-year-old allegedly wrote, "I love being close to him -- yet I feel as though that helps us become closer in a way in which we're not meant to."

The complaint says the relationship continued as Roszel moved from St. Ann's to other churches, including assignments at Our Lady of Lourdes in Arlington, St. Philip's in Falls Church, St. Mary's in Alexandria and Blessed Sacrament. Roszel occasionally pulled away from the relationship for short periods, the woman claims in her suit.

The lawsuit also alleges that other priests knew of the affair and that the diocese should have taken action against Roszel long ago.

"I feel like I'm a spiritual person, but I'm having a lot of problems with the Catholic Church," the woman said. "I can't go to church without having an anxiety attack. I just really feel betrayed by them."


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