PSBR Files Suit on Behalf of Special Needs Girl Assaulted by Cal-Peds Behavioral Therapist

Posted on February 1, 2022

Panish | Shea | Ravipudi LLP partner Robert Glassman and attorney Colin Duffy have filed suit on behalf of a special needs child who was assaulted by a man hired to provide her with behavioral therapy and in-home services. The complaint, filed in Los Angeles County Superior Court against her assailant and the disability services provider who employed him, states that defendants were not only negligent in its duty to protect its clients from injury at the hands of its employees, but continued to employ the defendant despite knowing he was a danger to the safety and well-being of its clients. Plaintiff is also represented by co-counsel Phillip Michels of the Law Offices of Michels & Lew.

READ THE COMPLAINT

Plaintiff Marcela Verdugo is a non-verbal 16-year-old girl with Dandy Walker Malformation Syndrome, Autism, and brain shunt who had been receiving in-home behavioral therapy through CAL-PEDS, known as California Pediatric & Family Services. Defendant Kevin Yuen, employed by the Azusa-based company at the time, had been Marcela’s behavioral therapist for approximately 18 months when her mother began to notice bruising on her daughter’s neck and back and witnessed Yuen aggressively grab Marcela’s arms during one their two-hour behavioral sessions in March 2021. She also began to see behavioral changes in Marcela such as flinching, covering her face, and hitting herself, anytime Yuen came to their home.

Concerned about her daughter’s welfare and changed behavior, Marcela’s mother bought and installed a hidden video camera in their living room to record the interaction between Defendant Yuen and her daughter. Following their behavioral session on June 14, 2021, her greatest fears were realized when she saw Yuen was captured on video physically assaulting Marcela.

Video footage shows Defendant Yuen and Marcela sitting on the couch during a behavioral session when Yuen aggressively raises his left fist at Marcela’s face as if he is going to hit her, stops momentarily, and then punches her in the face. He then seems to be looking at his fist, checking for markings or other signs of evidence that he had punched the young girl, and continues the behavioral session as if nothing happened. Moments later Yuen proceeds to punch Marcela on the right side of her face with his left fist and then checks her face for any markings. Again, he continues the session as if nothing had happened before forcefully grabbing Marcela at the waist and pinching her skin as she recoils from him in fear.

On June 24, 2021, Defendant Yuen was arrested following his assault on Marcela and criminally charged with one count of felony child endangerment and one count of felony assault by means likely to produce great bodily harm. The charges were later reduced to one count of misdemeanor child endangerment to which Yuen entered a plea of no contest. He was sentenced to four years of probation and served with a protective order preventing him from harassing or threatening the use of violence against anyone involved in the case, especially Marcela. He must also complete a 52-week child abuse treatment program and refrain from working in childcare for the term of his probation.

As stated in the complaint, Marcela suffered severe and permanent injuries as a result of Defendant Yuen’s physical abuse and aggressive behavior and seeks Non-Economic Damages for past and future pain and suffering; Economic Damages for past and future hospital, medical, professional, and incidental expenses as well as past and future loss of earnings and loss of opportunity; and Punitive Damages as to Defendant Yuen.