PORTLAND, Oregon — Over the past several years, the #MeToo movement has drawn into focus the issue of sexual abuse and misconduct in the U.S. Multiple high-profile criminal cases and lawsuits have been put into the spotlight, from disgraced Hollywood mogul Harry Weinstein, to former Michigan State University and USA Gymnastics team doctor Larry Nassar.
The #MeToo movement also highlighted the use of non-disclosure agreements, or NDA’s, used to keep victims of sexual abuse silent when they settle lawsuits outside of court.
As part of the documentary Sick Medicine, KGW explored a similar trend of confidential settlement agreements utilized in medical malpractice lawsuits. Investigative reporter Ashley Korslien researched dozens of cases where doctors were sued by patients for sexual misconduct or negligence. In almost every case, the doctors settled confidentially with their accusers. Meaning almost none of the victims or their family members could speak out about what they experienced.
The only person who was able to discuss a malpractice suit was a woman named Sonya Rivera. She’s the daughter of a Portland woman who died following a cosmetic surgery in 2012.
Pauletta Cameron died after a liposuction procedure with Dr. Bhanoo Sharma, a cosmetic surgeon who was ultimately disciplined in Oregon and surrendered his license. He later began practicing in Illinois, where his license was then suspended after a second patient died in 2016 following a cosmetic procedure.
After Pauletta Cameron’s death, her husband Scott Cameron and Sonya Rivera sued Dr. Sharma for malpractice and wrongful death. At some point during the lawsuit proceedings, Rivera was removed as a plaintiff, and Scott Cameron settled confidentially with Dr. Sharma. That meant Rivera was no longer restricted from speaking about her mother’s story.
KGW traveled to San Francisco, where Rivera shared her story for the first time to anyone other than her immediate family.
Rivera said she doesn’t agree with the use of confidential settlement agreements, as they prevent people from sharing important experiences and sometimes serve as a warning to others.
“I think it’s bogus. That is admitting fault in my eyes,” said Rivera. “It should be public knowledge, because then hopefully it’s bringing awareness to others. It's just straight wrong to make somebody sign a paper saying you're not gonna talk.”
KGW talked with two longtime Oregon attorneys who specialize in medical sex abuse cases about the use of confidential settlement agreements.
“If you agree to keep your mouth shut in order to settle a case, the public suffers enormously,” said Greg Kafoury, a Portland attorney who’s worked in private practice for nearly 50 years.
Trial attorney Tom D’Amore said he has seen the use of confidential settlements in medical malpractice cases greatly increase over the past 10 years. It’s a trend that concerns him.
“I would say now I see them in 95% of my cases. It was much less than 50% 10 years ago,” he said.
In the fall of 2022, Congress passed a law limiting the use of non-disclosure and non-disparagement agreements that aim to silence victims of workplace sexual misconduct. President Biden signed the Speak Out Act into law in December of 2022, nearly five years after the #MeToo movement gained widespread attention. There is no similar law for medical malpractice cases.