A Wrongful-death Lawsuit is Settled with Man Whose Wife Killed Herself and Their Two Sons

In April 2005, Julie Rifkin, 41, a wife and mother of two who was described as well-liked, kind-hearted and generous in spirit as well as in giving, fatally shot her two sons: Gabriel, 12, and Nathan, 13, before turning the gun on herself. Both Julie and Gabriel were pronounced dead at the scene (their home) and Nathan succumbed to his injuries at Memorial hospital.

Julie's husband, Don, had been laid off from his job at MCI in Colorado Springs and had relocated to South Carolina, leaving Julie and the boys behind as they felt established in the neighborhood and at school. It has been said that Julie and the boys were to join Don in the near future.

Don Rifkin arrived in time to say goodbye to Nathan and had told his son - who was on life support - that he was a great kid and that he loved him.

Before Gabriel died, his corneas, heart, liver, pancreas and kidneys were donated to help improve the lives of others.

Julie Rifkin had struggled with depression in the past, but her friends and acquaintances described her as appearing happy until her husband lost his job and since then, the family had been going through hard times and Julie felt distressed and lonely. Julie had been a stay-at-home mom but had found work at the U.S. Navigators Ministries. She too was laid off and in a state of despair, made a comment to a friend that she wanted to kill herself and that she would take her boys with her. The police were called and Julie was admitted to Memorial hospital for evaluation. She was released a few hours later and the next day she went to a pawn shop and purchased a 38-caliber handgun. That evening, she shot both her sons and then herself.

Since the tragic deaths of his wife and sons, Don Rifkin had filed a wrongful-death lawsuit against Memorial Hospital, Clinton Fouss and clinical social worker Yvette Sletta. In response to the lawsuit, Memorial, Fouss and Sletta said that Julie Rifkin's actions alone caused the deaths.

I'm inclined to agree with them and I confess that my support for Don Rifkin has faded.

Depression is a life-sucking force and its victims can appear outwardly charming, happy and reasonable. Underneath the mask, turmoil and misery are wrecking havoc, but so few are privy to that. In effect, depression can be hid or explained away by its victims, and evaluations can only do so much because it is possible to fool professionals.

Julie Rifkin intelligently and calmly explained away her threats and not being mind readers, Memorial let her go.

It's been argued that Memorial should have kept her for an additional 72 hours, but that would have only delayed the inevitable. Unfortunately, people who are determined to kill themselves will find a way.

Don Rifkin mentioned in his lawsuit that Memorial didn't notify him that his wife was admitted or why. Someone who claims to know the particulars alleged that Julie specifically stated she did not want her husband to know and if those were her wishes, the hospital couldn't betray that patient trust.

Another person commented that Julie feared her husband had found someone else, which added to her feelings of isolation. That assertion is mere speculation but Don has since remarried and in March 2008, Memorial settled the wrongful-death lawsuit with Don Rifkin, with both sides agreeing to pay their own attorney's fees and Don Rifkin netting around 325,000.

Personally speaking, I find it unfortunate that the lawsuit was even filed and my opinion is such that I feel Don Rifkin was wrong to profit from the deaths of his wife and sons. Why should he and his new wife be financially rewarded by Memorial Hospital for what his first wife chose to do? Does Don Rifkin share any of the blame? I'm sure there is plenty to go around but he chose to ignore his own role - however big or small - and decided to go after an easy target - the one with all the money.

In the end, I think most of the blame lies with the beast - depression. Julie Rifkin loved her children and her legacy was one in which she was a devoted mother, active volunteer and charitable neighbor. Depression and loneliness overwhelmed her life and her senses until she felt she could no longer cope. She was in need of saving but she couldn't even save herself.