Memorial settles suit with man whose wife killed herself, sons

Memorial Hospital settled a wrongful death lawsuit Wednesday with Donald Rifkin, whose wife shot and killed the couple's boys and then herself shortly after being released from the Colorado Springs-owned hospital in 2005.

Both sides filed motions to dismiss Wednesday in the federal lawsuit and agreed to pay their own attorney's fees. Rifkin will receive $325,000, according to city documents obtained by The Gazette.

"As we've said before, our hearts go out to the Rifkin family and friends. We are pleased to be near resolution, as it will allow everyone involved to move forward." said Memorial spokeswoman Cari Davis.

Rifkin, through his attorney Jay Murphy of Colorado Springs, declined comment.

"We want to hold off making comment for now," Murphy said, noting there are no admissions of any wrongdoing in the settlement agreement and each side agreed not to talk publicly about it.

After making threats to a co-worker about killing herself and taking her boys with her, Julie Rifkin was taken to Memorial Hospital on April 22, 2005. She worked as a volunteer chaplain at the hospital and knew many of the people who worked there.

Rifkin, 41, assured Memorial's Dr. Clinton Fouss and Yvonne Sletta, a licensed clinical social worker, that she was not serious about the comments.

Though hospital officials had the option to hold her up to 72 hours if she had been deemed an imminent threat to hurt herself or others, they let her go within two hours.

"She said she made the comment out of haste, and she would not actually want to kill herself," according to Fouss' report. "I did explain to her I felt it was an unusual comment for her to make, especially stating that she would take her children with her. Once again, she stated it was the stress of the moment and she would not actually do this."

The next day, Rifkin bought a handgun at a pawnshop and carried out the threat by shooting her two sons as they slept April 24. Nathan Rifkin, 13, and Gabriel Rifkin, 12, were found in their beds, shot in the head.
Julie Rifkin also shot and killed herself.

Donald Rifkin had been laid off from his job in Colorado Springs and was working in South Carolina at the time. He never received a call from hospital officials that his wife had been admitted or why, he told The Gazette in 2005.
The family was planning to join him on the East Coast that summer.

Julie Rifkin told a co-worker in Memorial's Spiritual Care Department she was depressed that she had lost her job at The Navigators and that she was lonely, according to Memorial's report - which Donald Rifkin shared with The Gazette in 2005.

Those records showed Julie Rifkin had been battling depression and told Fouss she was taking anti-depressant medications.

"I felt that Memorial was very upfront and dealt with us in good faith," Murphy said. "They treated my client with respect and they were very sensitive in this touching, difficult case."

The deaths affected many in the Colorado Springs community and hundreds showed up for the memorial service at New Life Church, where the family was active members.

The boys, straight-A students at James Irwin Charter School, played soccer and Donald Rifkin was their coach. Donald and Julie Rifkin had been married for 18 years.

Donald Rifkin has since remarried and lives in South Carolina.

"He's is trying to move on," Murphy said. "He has by no means healed or recovered. He struggles with this day to day. It's been very difficult, but his faith has carried him through."