Former Patient Files Complaint Against Miramar Health, Inc. for Sexual Battery, Harassment, False Imprisonment and Negligence
October 24, 2017
Orange County, Calif. – Delman Vukmanovic LLP, a Southern California full-service law firm, filed a complaint on behalf of Amanda Nguyen for sexual battery, sexual harassment, false imprisonment and negligence. The lawsuit alleges Andrew Miller, a Client Adviser at women’s rehab facility Miramar Health, Inc. (“Miramar”), raped and victimized Ms. Nguyen during her residence as a patient, resulting in physical injuries and extreme, long-term emotional distress.
“Amanda entered Miramar under the assumption she would receive treatment and be protected. Instead, she fell victim to rape and ongoing harassment throughout her stay,” said lead counsel, Dana Delman. “Andrew Miller abused his position of power and he took advantage of an extremely vulnerable patient, all of which could have been avoided if Miramar had not deliberately ignored Amanda’s complaints.”
Amanda served as a reserve and full-time police officer from 2004 to 2007, and from 2007 to 2010, she served as a terrorism liaison officer. She was granted admission into Israel’s prestigious Interdisciplinary Center school where she studied until 2012 when her education was abruptly cut short. Amanda’s new Israeli husband violently attacked her, badly injuring her back in the process. Returning to the U.S. for medical treatment, she underwent multiple back surgeries and was put on a walker. Doctors prescribed Percocet, which started Amanda’s addiction to pain killers.
Amanda suffered, and still suffers, from Post-Traumatic Stress Disorder due to her experiences as a police officer and the assault by her former husband. Subject to night terrors, she needed Ambien to sleep. Additionally, because of her back pain, she was regularly taking painkillers. Amanda realized that she needed to deal with her substance problem and on August 24, 2016, she voluntarily checked into Miramar, a rehab facility treating women patients.
Within the first week of her stay, Amanda had the disturbing feeling she was being watched in her room at night and certain staff members made comments related to her personal records, all of which Amanda confided to a Miramar therapist, who ignored Amanda’s complaints. Ultimately, Miramar did confirm there was a hole in its software that allowed unauthorized access to patient medical records.
Because of her ongoing stress and inability to sleep, Amanda was prescribed Seroquel as an off-label use for insomnia, which not only made her sleep, but also made Amanda downright catatonic. During the evening or early morning of September 21 or 22, 2016, Amanda was awakened to Andrew shaking her, pulling her pants down and forcefully touching her body. Amanda told him to stop, and that she did not want to have sex with him. Andrew suddenly stopped and left the room. Later, Amanda remembers that Andrew sat her up and positioned himself to receive oral sex from her, and also stood at the foot of her bed masturbating.
The next morning, Amanda woke up with extreme lower back pain and heavy bruising. She told Lief, a Miramar counselor, that something happened the night before and he chalked it up to nightmares. Amanda then told Tyler, a director, who questioned Andrew and checked video surveillance, which confirmed Andrew went in and out of Amanda’s room three times. Ultimately, Amanda requested to be taken to the Newport Beach Police Department where she was interviewed by an officer regarding the assault. Despite the officer’s recommendation Amanda stay at a hotel, the therapist returned Amanda to Miramar where the staff treated Amanda with hostility. Other patients even asked Amanda about the rape, which proved that Miramar staff further violated her medical privacy rights.
Miramar eventually terminated Andrew’s employment, but unfortunately, the damage was done. As a result of the brutal physical attack, Amanda suffered significant physical injuries, including but not limited to a fracture of her lamina at the S1-S2, heavy edema, and resulting severe back pain. Amanda has also since struggled with extreme emotional distress, depression, night terrors and subsequent insomnia, uncontrollable bursts of anger, fear, and crying, and non-stop anxiety.
Delman Vukmanovic LLP is seeking damages for sexual battery (rape), sexual harassment, gender violence, negligence, false imprisonment and vicarious liability.
Delman Vukmanovic LLP is a full-service law firm representing both plaintiffs and defendants throughout the greater Southern California area. The firm handles litigation and transactional matters in the areas of civil disputes, commercial law, business and corporate issues, employment law, intellectual property and complex real estate matters.
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