Psychiatrist Malpractice Settlement Benefits Children

A medical malpractice lawsuit lodged against Dr. Kayoko Kifuji, a psychiatrist employed at Tufts Medical Center, has been settled for the amount of $2.5 million and awarded to the two remaining siblings of deceased 4 year-old Rebecca Riley, as reported by Boston.com and other Boston news networks.

Benjamin Novotny, the Boston lawyer representing the family, said the money would be distributed to Rebecca's siblings that are now aged 10 and 15. 

Debra died four years ago from an overdose of drugs that Kifuji had prescribed.

Of note is that Rebecca's parents, Michael and Carolyn Riley, were both convicted in separate murder trials - for their reckless dispensing of medications to Rebecca.

Rebecca had been diagnosed with Attention Deficit Hyperactivity Disorder, ADHD, as well as bipolar illness.

The settlement of $2.5 million doesn't contain an admission of wrongdoing by Kifuji, but it is the maximum payout allowed under Kifuji's medical malpractice policy. 

Tufts Medical Center chose to settle the case to spare Rebecca's siblings further anguish. 

Tufts spokeswoman Julie Jette said, "A lengthy civil trial would once again subject Rebecca's siblings and everyone who cared about her to the painful details brought forth during the criminal trials of her parents."

In December of 2006, shortly after Rebecca's death, Kifuji voluntarily agreed with the Board of Registration of Medicine to halt all of her medical practices.

When the grand jury failed to indict Kifuji in 2008, the board allowed her to resume her practice and she began treating patients again this past year.  Both those in the medical and legal community wondered why Kifuji didn't face any criminal charges. 

Kifuji wasn't just treating, and medicating Rebecca - Kifuji had also diagnosed Rebecca's two siblings with ADHD and bipolar illness.  She prescribed similar mood-altering drugs to each.

Kifuji blamed the parents for convincing her that the three children had serious psychiatric illnesses - only to gain federal disability money.  But jurors questioned Kifuji: Why give in to parent's attestations when she was there to work with, and provide care to, their children?

Kifuji agreed to testify once the prosecution granted her immunity.

In claiming that she wasn't made aware that the parent's were overmedicating their children, Kifuji claimed in court that she was following diagnostic criteria and treatment protocols.  She sad that her actions were one in the same as with other well-established psychiatrists.

The family, satisfied with the $2.5 million settlement, chose not to go to trial as they believed that Kifuji's personal assets were limited. 

The language of the settlement included Tufts providing both educational and outreach programs - that would allow for more children to receive needed mental health services. 

The judge ruled that a teenage child of Carolyn Riley's was not included in the settlement as she was from a previous relationship. 

Novotny said of the settlement that "There's no amount of money that can right this wrong."

Contact a medical malpractice lawyer from our directory if you, or a loved one, has suffered while under the care of a physician.