Woman Awarded Damages in Encino-Tarzana Medical Center Sex-Harassment Suit

A jury Tuesday awarded $2.36 million to a woman who said a male nursing assistant sexually assailed her at a Tarzana hospital as she prepared to go home after surgery, and while her mother was waiting outside her room.

The Los Angeles Superior Court jury reached its verdict in favor of 34-year-old Courtney Rosenberg after a and culminated in several days of deliberations beginning last week.

Her assailant, nursing assistant Ramon Rodas Gaspar, was profiled on Fox television's America's Most Wanted in 2008 and 2009 and remains a fugitive.

The panel found Encino-Tarzana Regional Medical Center and Tenet Healthcare Corp. jointly liable for negligence and sexual harassment. The jury also found the hospital acted with malice, which triggers a second phase beginning Thursday to determine if punitive damages should be awarded.

Although the jury did not find malice on the part of Tenet, a hearing will be held between the lawyers and Judge Richard Rico Wednesday on plaintiff's attorney Michael Piuze's claim the health care giant might be liable for punitive damages under an "alter ego" theory that the hospital workers were Tenet employees.

Rosenberg took a moment to compose herself outside the courtroom before giving her reaction.

"I'm happy to have had my day in court,'' she said.

Attorneys for the hospital and for Tenet said employee misconduct like Gaspar's is not tolerated, but that there are no safeguards that can guarantee such behavior will not occur. Rosenberg testified that she had surgery at the hospital in April 2006 for removal of an ovarian cyst. Gaspar exhibited strange behavior by going in and out of her room several times, complimenting her on her appearance and making remarks like "Come to papa,'' she said. However, Rosenberg said she was caught by surprise when the alleged assault occurred.

Gaspar told her he wanted to check for any bleeding after her surgery to remove an ovarian cyst, even though her doctor told her some bleeding was normal, she said.

"It all happened so fast,'' Rosenberg said. "I felt his hand ... and I felt more pain ... he didn't have any gloves on.'' Gaspar stopped when he heard Rosenberg's mother coming into the room, she said. Rosenberg filed suit in January 2007.

The Clark Street hospital was sold in July 2008 and is now called Providence Tarzana Medical Center. Gaspar was arrested, but fled after posting bail.

According to Rosenberg, she did not immediately tell her mother what Gaspar allegedly did to her.

"I was ashamed, I was embarrassed,'' she said. Rosenberg said she confided first in her boyfriend and later reported what happened to Los Angeles police, who eventually assigned a detective to her case. Eventually, Rosenberg and other female patients who also alleged sexual misconduct by Gaspar at the hospital agreed to take part in an LAPD news conference to seek the public's help in finding him, she said.

She and some of the other women also later agreed to be interviewed for the America's Most Wanted episode, she said.

"They wanted us to help catch him,'' Rosenberg said.

Rosenberg, who said she has a master's degree and is trained as a marriage and family therapist intern, told jurors she has seen a psychiatrist since the assault and also takes medication for depression, to deal with panic attacks and to help her sleep. Rosenberg has suffered post-traumatic stress disorder from her experience, said Piuze.

He said his client once enjoyed helping severely disturbed victims of sexual abuse but now finds it hard to cope with that line of work. Piuze said the verdict also allows for an award of attorneys' fees to the plaintiff. He said co-counsel Maryann Gallagher has a claim of more than $1 million.

–City News Service