Family Hoping To Heal Scars Left By 5-Year Legal Battle

KENT - Five years ago, Rita and Steven Harper eagerly awaited the birth of their second child. They had been married three years, owned a home and were succeeding in their careers - Rita as a part-time hairdresser and Steven as a self-employed painter.

Today, Steven, 36, is raising the two children alone. Rita, 33, is in a group home in Renton after suffering brain damage stemming from a spinal injection she received during childbirth. She has the mental capacity of an 8- to 12-year-old and requires 24-hour care.

"Rita's life has been completely disrupted, if not taken away," said Doug Harper, Steven's father.

Doug Harper said that's why much of a $6 million malpractice settlement - which abruptly ended a 5-year legal fight during which Rita's anesthesiologist denied any responsibility - will go toward improving Rita's life.

"Hopefully, the money will help her life get a little happier," Harper said.

Steven Harper, who was unavailable for comment, takes his sons to visit their mother once a week. "She gives them gum and candy and plays with them, but if they get a little rowdy she's unable to deal with them," Doug Harper said.

In a 28-minute videotape played earlier this month in King County Superior Court, Rita begins to cry when talking about being brain damaged and not being able to help rear her sons.

If it weren't for her sons, however, she would kill herself, she says.

The case was in its second week of trial when the tape was played. A day later, the insurance company for Valley Medical Center's Dr. Daniel Neilson offered a full settlement.

Neilson's attorneys said they discovered one of their witnesses might have falsified critical evidence, said Paul Luvera, attorney for the Harpers.

Luvera said he wasn't told whether the doctor was the witness or what evidence might have been falsified, but he said, "I think the videotape might have helped trigger what went on."

Neilson, who is off work this week, could not be reached for comment. He claimed for the past five years that Rita Harper's reaction to the spinal injection was coincidental and unavoidable.

It's uncertain how far the $6 million settlement will go toward helping the Harpers. Rita is expected to require constant supervision for the rest of her life. She also needs psychiatric care to help her deal with an eating disorder and short-term memory loss, said James Degel, guardian of her estate.Rita lives with mostly elderly people, but needs more activity than they do. Some of the money initially is expected to be used to take her on outings and get her involved in some recreational activities, Degel said.

The rest of the money, Degel said, will be used to pay court costs and set up trust funds for her sons. Her husband also is expected to get some, which he might use to pay for counseling for him and his sons.

Doug Harper said the boys are doing well, though. The elder will turn 7 this month; the other is 5. He was born without complications while his mother was unconscious. Doug Harper and his wife prepare the boys for school each morning. Steven's sister helps baby-sit.

"Everybody has pitched in," Doug Harper said. "We've just tried to give the kids some consistency." For some family members and others involved, though, the bitterness left by the legal fight isn't going to go away for awhile. "It left us all feeling kind of sad and angry, because a lot of it could have been avoided," Degel said.