A federal judge has ordered an independent medical
examination of the mental health of Rabbi Norman Lamm, Yeshiva University’s
former president, in the opening stages of a $380 million sex abuse lawsuit.
Judge John Koeltl ordered a medical evaluation of Lamm as
early as next week, during a pretrial hearing in U.S. District Court on
September 9.
The order came in response to claims by Lamm’s lawyer, Joel
Cohen, that Lamm is unfit to be deposed in the lawsuit because he is suffering
from dementia.
Lamm, perhaps the most revered living rabbi in Modern
Orthodox Judaism, was president of Y.U. from 1976 to 2003, a period when dozens
of students at Y.U.-run schools are alleged to have been abused.
Lamm retired as chancellor of Y.U. in July, when his
compensation was about $500,000 a year.
In an interview with the Forward last December, Lamm said
that he dealt with credible allegations of improper behavior against staff by
quietly allowing them to leave and find jobs elsewhere.
A subsequent investigation commissioned by Y.U. found that
until 2001, “there were multiple instances in which the University either
failed to appropriately act to protect the safety of its students or did not
respond to the allegations at all.”
New York’s statute of limitations prevents abuse victims
bringing claims after they turn 23.
The former high school students’ lawyers
argue that the statute of limitations does not apply in this case, because Y.U.
fraudulently covered up the abuse.
Lawyers for both sides are expected to argue about whether
the case ought to be dismissed over the next few months. In the meantime,
lawyers for the alleged victims say they want to interview Lamm as soon as
possible, in case his mental health deteriorates.
But Lamm’s lawyer, Cohen, said Lamm’s mental health has
already deteriorated too far.
He said Lamm’s physician and a forensic neuropsychologist
from Weill Cornell Medical College, believe that Lamm’s testimony would be
“significantly impaired by cognitive impairment.”
Cohen said that he had personally interviewed Lamm about
“significant facts” related to the claims of abuse at Y.U. and that on two
occasions Lamm had answered incorrectly, including one fact “that occurred a
few months ago.” Judge John Koeltl said that he wanted an independent
evaluation of Lamm’s mental health.
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