Yuille v. State

45 P.3d 1107, 111 Wash. App. 527
CourtCourt of Appeals of Washington
DecidedMay 9, 2002
DocketNo. 20343-3-III
StatusPublished
Cited by21 cases

This text of 45 P.3d 1107 (Yuille v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yuille v. State, 45 P.3d 1107, 111 Wash. App. 527 (Wash. Ct. App. 2002).

Opinions

Sweeney, J.

Washington encourages the reporting of child abuse — even suspected child abuse. Whaley v. State, 90 Wn. App. 658, 668, 956 P.2d 1100 (1998). It even encourages such reporting to the extent that failure to report child abuse is punishable as a gross misdemeanor. RCW 26.44.080. Predictably then, those reporting child abuse are immune from liability so long as they act in good faith. Here, Dr. Kenneth Feldman and Children’s Hospital and Medical Center (Hospital) conducted a multidisciplinary evaluation of a prospective adoptive mother and child. And based upon that work-up, Dr. Feldman concluded that Kristi Yuille, the prospective adoptive mother, suffered from Munchausen syndrome by proxy (MSBP), a psychological disorder that results in the mother purposely harming her child. He therefore recommended removing the child from the home. The adoption fell through. And the Yuilles sued Dr. Feldman and the Hospital.

The question before us is whether the Yuilles met the threshold factual showing of bad faith to avoid summary dismissal of their claims against Dr. Feldman and the Hospital. We conclude that they did not and affirm the trial court’s summary dismissal of their claims.

HISTORY

In 1992, Robert and Kristi Yuille applied with Oregon’s Open Adoption and Family Services, Inc., to adopt a child. The agency was worried about Ms. Yuille’s extensive illnesses. Her doctor speculated she might have Munchausen syndrome.1 Ms. Yuille underwent a psychological evalua[530]*530tion. The psychologist concluded she did not suffer from the syndrome.

In July 1993, the adoption agency placed a newborn boy, Dakota, with the Yuilles. After placement, Dakota suffered breathing difficulty, vomiting, apnea, reflux, cyanosis, diarrhea, accidental ingestions, and seizures. The adoption counselor expressed concern. Dakota’s doctor assured the counselor that everything was fine. The adoption was finalized.

The Yuilles applied to adopt a second child. In August 1995, the adoption agency placed Wyatt with the Yuilles. Shortly thereafter, the Yuilles moved from Oregon to Republic, Washington. The agency informed the Yuilles they would have to file a petition for adoption in Washington. No petition was ever filed.

Again, Wyatt’s adoption counselor became concerned about Wyatt’s recurring illnesses. Wyatt suffered symptoms similar to those suffered by Dakota. Dr. Tim Seppa, Wyatt’s doctor, expressed concern for Wyatt — in Ms. Yuille’s care. The doctor opined that Wyatt’s illnesses may be either induced or grossly exaggerated by Ms. Yuille. Another of Wyatt’s doctors told the counselor that he had been concerned that Ms. Yuille may have caused Wyatt’s illnesses. But he no longer thought that was the case.

In February 1996, Dr. Seppa again expressed his concerns about Ms. Yuille to the adoption agency’s director. He opined that Ms. Yuille might suffer from MSBP. 2 He suggested the agency contact two California experts. It did. And those experts in turn recommended that Dr. Feldman evaluate the children. Dr. Feldman is a pediatrician in Seattle and a frequent consultant at Children’s Hospital and Medical Center.

[531]*531Dr. Feldman reviewed Wyatt’s birth records and medical records. Those records reflected that Wyatt’s condition improved during hospitalizations and each symptom started in Ms. Yuille’s presence.

Dr. Feldman also reviewed both Dakota’s and Ms. Yuille’s medical records. Dakota’s history was similar to Wyatt’s. Ms. Yuille claimed to have been ill more than 50 percent of the time since late grade school. One of her physicians had diagnosed Munchausen syndrome.

A team at the Hospital evaluated Wyatt. The objective findings did not match the descriptions of the medical problems reported by Ms. Yuille. A psychiatric nurse practitioner believed it was probable that Ms. Yuille suffered from MSBP. She recommended Ms. Yuille undergo a further psychological evaluation, and recommended removing the children from the home.

Dr. Feldman reported the similarity and severity of both children’s medical findings, the onset of life-threatening events in Ms. Yuille’s presence, and the reduction in symptomatology during hospitalizations. For him these suggested MSBP.

The Hospital’s Children’s Protection Team concluded that it was medically probable that Ms. Yuille suffered from MSBP. And both Dakota and Wyatt had been her victims. The team recommended removing both children.

Child Protective Services then removed the children from the Yuilles’ custody. Dakota was removed from the home and temporarily placed in foster care. But he was returned to his father’s custody on March 6, 1996, on the condition that Ms. Yuille not reside in the family home. Another family adopted Wyatt.

PROCEDURE

The Yuilles sued the Department of Social and Health Services (DSHS), Dr. Feldman, Children’s Hospital, the Children’s Protection Team, the adoption agency, and others associated with this case. The Yuilles sued Dr. Feldman [532]*532and the Hospital for outrage, negligent infliction of emotional distress, invasion of privacy, civil conspiracy, alienation of affection, negligent investigation, medical malpractice, and violation of the Fourteenth and Fourth Amendments of the United States Constitution. They alleged that Dr. Feldman wrongfully diagnosed Ms. Yuille with MSBP. And this resulted in the removal of the children.

Dr. Feldman and the Hospital moved for summary judgment. The court granted their motion and dismissed the Yuilles’ case against them. First, the court concluded that the Yuilles had no standing to bring any action related to Wyatt’s removal because they were not his legal guardians. Second, the court concluded that Dr. Feldman and the Hospital were entitled to the good faith immunity accorded to health care providers who report suspicions of child abuse. RCW 26.44.060(1)(a). This second issue is dispositive for us.

IMMUNITY

The Yuilles argue that Dr. Feldman and the Hospital are entitled to immunity only if they acted in good faith. And here that is a question of fact. They argue that Dr. Feldman is not a psychologist and MSBP is a psychological disorder. And they complain that he did not even review all of the records. Dr. Feldman and the Hospital respond there is nothing here to support even an inference of bad faith.

Standard of Review

The court concluded that Dr. Feldman and the Hospital were both entitled to immunity as a matter of law because there was an inadequate showing that the report was not made in good faith. We review a summary dismissal de novo. Sabey v. Howard Johnson & Co., 101 Wn. App. 575, 581-82, 5 P.3d 730 (2000). Facts and all reasonable inferences therefrom are considered in the light most favorable to the nonmoving party. Id. at 582. Summary judgment is appropriate when there is no genuine issue of [533]*533material fact and the moving party is entitled to judgment as a matter of law. Id.

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Bluebook (online)
45 P.3d 1107, 111 Wash. App. 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yuille-v-state-washctapp-2002.