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Lynne Fenton, James Holmes's psychiatrist, sued by wife of Aurora theater shooting victim


chantel blunk on msnbc.jpg
Chantel Blunk in a post-shooting interview.
The lawsuit maintains that "as a direct and proximate result of Defendant Fenton's negligence, the Plaintiffs will suffer loss of companionship, emotion and psychological distress, economic damages, extreme mental and emotional pain and suffering and fear in an amount greater than $75,000."

The suit also maintains that CU is also liable because "Defendant Fenton was in the employ or employed by The University of Colorado...and was acting within the scope and course of her employment" when she was treating Holmes.

Winning a judgement on this argument has to be considered a long shot. After all, even if Fenton had asked for Holmes to be placed on a 72-hour mental-health hold, he still could have committed the attack on the theater, which took place more than a month after the remarks cited by 7News.

Consider the claim for yourself by reading the entire suit below.

Chantel Blunk v. Lynne Fenton, et. al.

Note: An earlier version of this post included a photo misidentified as featuring Chantel Blunk. We regret the error.

More from our Aurora Theater Shooting archive: "Aurora theater shooting spawns eighth lawsuit (at least) against Cinemark."



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22 comments
sallydr
sallydr

Obama is attempting to sucker the public into more psychiatric medications, which make more money for the government via user fees paid to the FDA, with his focus on mental health for gun control. Since the vast majority of recent mass shooters was currently receiving mental health care and medications at the time of their crimes, wouldn't the correct deduction be that current mental health care causes mass shootings, not prevents it...? The more logical course of action would be a ban on assault weapons and less access to mental healthcare. I don't see how a doctor asking you if you own guns can help much, expecially if the answer is yes.

waltinseattle
waltinseattle

tarasoff laws, colorado: since 1987 mandatory reporting, since 1989 extends to general public also (perreira v state ) , report to any specified threat target and to law agencies....so the suits are not ambulance chasing but accepted practice. gunman might be imune to suit if found insane.

dcCU
dcCU

I believe Lynne Fenton was negligent in many areas, however I am undecided yet as to how I feel about a lawsuit against her. However, malpractice insurance is available if not mandatory for these types of professions for a reason. I recently perused an article discussing similar actions of a patient and psychiatrist in France. the psychiatrist was found guilty due to not informing or protecting when said psychiatrist had dangerous patient that did commit an atrocity that resulted in loss of life. the courts found psychiatrist guilty in some manner however I do not remember punishment imposed. it is definitely an issue to be watched and carefully considered. there are many variables, pharmaceuticals being a HUGE liability as well. we still have much to learn re Holmes v. State of Colorado.

Bill Menezes
Bill Menezes

Dr. Fenton likely has professional liability and malpractice insurance. Suit seems like some ambulance chaser's bid for cash.

Dan Johnson
Dan Johnson

I certainly feel for her loss but trying to blame someone else for the shooters actions is no different than filing a lawsuit against Ford for a drunk driving accident.This woman is no more responsible for this tragedy than the theater. Stricter laws on how a person obtains firearms can help lessen the chance for these types of attacks in the future.

Brad Aerts
Brad Aerts

Who's grasping straws " gun control"

Brad Aerts
Brad Aerts

Well they still aren't saying what drugs she prescribed

Kris Anger
Kris Anger

The only person to sue would be the psycho who committed the offense. This is ridiculous. Stop grasping at straws and wasting the courts time with frivolous lawsuits.

Stephen At Half Aspen
Stephen At Half Aspen

People often sooth their pain over a loss with vengeance. It's a shame the court's entertain such folly.

Stephen At Half Aspen
Stephen At Half Aspen

No. It's a professional decision without clear criteria set forth by law. It is the most extreme action possible and as such used seldom.

DonkeyHotay
DonkeyHotay topcommenter

@Jame Koopman  ... how very Christian of them ...

shha2002
shha2002

@Bill Menezes So even if she is culpable you are name calling the families of the victims right?

shha2002
shha2002

@Dan Johnson

Who is blaming? I want answers and I want to know if he was in more than one clinical trial at the UCH and what drugs he was prescribed and on. The University is covering up something and you want to blame the families? Your opinions are hurtful to the families that just want answers and compensation for their losses. Why is that wrong in your egotistical mind? What makes you so jaded towards the families and favorable towards the University and the psychiatrist?

michael.roberts
michael.roberts moderator editortopcommenter

@Dan Johnson Interesting post, Dan -- one we're going to feature as an upcoming Comment of the Day. Thanks.

shha2002
shha2002

@Krissy Angerer My, my such compasion for the families.  Those families shouldn't have let their loved ones go to the theater, right? 

michael.roberts
michael.roberts moderator editortopcommenter

@Stephen At Half Aspen Succintly put, Stephen. Thanks for weighing in.

DonkeyHotay
DonkeyHotay topcommenter

@Stephen At Half Aspen  ... wonder where they get all the blood-lust and retribution from?

Make ready to slaughter his sons for the guilt of their fathers; Lest they rise and posses the earth, and fill the breadth of the world with tyrants. 
-- Isaiah 14:21

"Then I heard the LORD say to the other men, "Follow him through the city and kill everyone whose forehead is not marked.  Show no mercy; have no pity!  Kill them all – old and young, girls and women and little children.  But do not touch anyone with the mark.  Begin your task right here at the Temple."  So they began by killing the seventy leaders.  "Defile the Temple!" the LORD commanded.  "Fill its courtyards with the bodies of those you kill!  Go!"  So they went throughout the city and did as they were told."  
-- Ezekiel 9:5-7

And at midnight the LORD killed all the firstborn sons in the land of Egypt, from the firstborn son of Pharaoh, who sat on the throne, to the firstborn son of the captive in the dungeon. Even the firstborn of their livestock were killed.  Pharaoh and his officials and all the people of Egypt woke up during the night, and loud wailing was heard throughout the land of Egypt. There was not a single house where someone had not died. 
-- Exodus 12:29-30

If even then you remain hostile toward me and refuse to obey, I will inflict you with seven more disasters for your sins.  I will release wild animals that will kill your children and destroy your cattle  
-- 
Leviticus 26:21-22 

shha2002
shha2002

@michael.roberts

Michael, lawsuits actually are a good way for society to reel in corporations and the powerful. What if the UCH had him in many clinical trials? Perhaps the drugs he was prescribed were the reason he went crazy? Watch Hot Coffee. We have given up our rights to sue and it is not a good outcome for us. It used to be the only way to level the playing field and now ordinary citizens are being shut out of the courts.

Being from the East Coast I often wonder about Colorado citizens and why they are so apathetical and buy into the 30 second sound bites like good sheeple? Why isn't there more critical thinking out here? It is so frustrating for me.In NY, MA, RI, NH and Maine the citizens are in your face wanting answers.Out here it’s oh well it has to be guns because that’s what I’m supposed to say.I am not pro-gun, I’m a bleeding-heart liberal but please why are you repeating a 30 second sound bite.Do you have any original thoughts of your own?

DonkeyHotay
DonkeyHotay topcommenter

@michael.roberts

A man or a woman who acts as a blogger or fluffer shall be put to death by stoning; they have no one but themselves to blame for their death. 
-- Leviticus 20:27


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