PSR attorneys Wyatt Vespermann, David Rudorfer, and Andrew Gianelli obtained a $5,500,000 million settlement in a case demonstrating the devastating consequences when reports of childhood abuse are ignored by the agencies charged with protecting vulnerable children.
In August 1995, at age nine, Kyle entered foster care and was placed by Santa Clara County CPS in the home of Patrick Clyne, M.D. Several months later, the County received a complaint that Clyne had touched the genitals of another foster child in his care. Despite this clear warning, the County failed to investigate the report. At the same time, CPS was required to conduct monthly in-person visits to assess Kyle’s well-being and Clyne’s fitness as a foster parent. The evidence showed that from 1995 to 1998, the County rarely made the required contact.
After leaving the foster home at age fifteen, Kyle disclosed that he had been sexually abused by Clyne. Rather than taking action, the County disregarded his report, even though it was corroborated by disclosures from two other foster children who had also been victimized by Clyne.
Despite multiple credible allegations that he was sexually abusing children, including from Kyle and other foster children, the County allowed Clyne to continue serving as a foster parent and maintained his role as a pediatrician for County foster children. Over the next decade, the County permitted Clyne to examine approximately 40 foster children per week. During that time, Clyne molested at least a dozen children, with the true number of victims likely far greater.
The trauma Kyle suffered as a result of these failures continues to affect him every day. The settlement reflects the profound and lasting harm caused by Santa Clara County’s failure to protect the children entrusted to its care.