CONCORD — State prosecutors and lawyers representing most of the victims of sexual and physical abuse at the former Youth Development Center in Manchester announced agreement Tuesday on sweeping changes to the state’s $100 million settlement fund.
The proposal would raise the limits for monetary damage awards, expand what is defined as abuse that can be compensated for, and change the process to make it less traumatic for victims.
Attorney General John Formella and Mark Knights, one of the lead lawyers representing more than 1,000 victims, agreed that, if adopted, these changes should convince a “majority” of victims to enter the settlement process rather than continue trying to get relief through a lawsuit in superior court.
The Nixon and Peabody law firm and Rus Rilee have clients who allege they suffered more than 1,500 cases of abuse over many decades at YDC and its successor complex, the Sununu Youth Services Center.
“While the attorney general did not agree to all of our proposed fixes, the bill represents enough of an improvement that we anticipate recommending the improved process to the vast majority of our clients, as appropriate, based on the facts and circumstances of each case,” Rilee and attorney David Vicinanzo wrote in a joint statement.
Settlement Fund Administrator John Broderick, a former Supreme Court chief justice, reported his office has approved 102 settlements and spent $52 million of the fund.
A total of 307 claims have been filed with the fund to date.
Formella predicted these amendments, if lawmakers approved them, would raise the average cost of a settled claim which currently is $492,000.
The proposal would also allow Broderick to approve paying out more damage awards to victims over many years rather than lump-sum payments, he said.
Senate President Jeb Bradley, R-Wolfeboro, authored legislation (SB 591) that resulted from these negotiations.
He praised both government and victim lawyers with seeking common ground to get relief more quickly to those abused as juveniles.
Victim: Current process a ‘nightmare’
Brett Malcolm, a former firefighter, wrote that he was sent to the Tobey School in Concord as 16-year-old with behavior problems and was raped and beaten multiple times by staff members.
Malcolm described the state settlement process he went through as a “nightmare.”
“It made me feel like the state didn’t care about what happened to me, which is exactly how I felt when I was a kid being beaten and raped,” Malcolm wrote in a letter to the Senate Judiciary Committee.
“The settlement fund experience made me feel like a victim again.”
Malcolm said he “wholeheartedly” supported these changes.
House Speaker Sherman Packard, R-Londonderry, along with other top House and Senate leaders from both parties have co-signed onto the bill.
The proposed changes include:
• Sexual abuse damages cap: The current limit of $1.5 million would go up to $2.5 million, reserved for cases of “egregious” sexual abuse and awarded under the discretion of the administrator;
• Physical abuse cap: This would raise this damages limit from $150,000 to $250,000;
• “Other” abuse cap: The current limit of $100,000 would be raised to $200,000;
• Solitary confinement: For the first time, this would include being in the category of “other” abuse and could entitle an award of up to $300 a day but no more than $100,000 for an individual victim;
• Sexual abuse definition: Offenses could include indecent exposure and invasion of privacy such as a staffer showering with the juvenile victim or taking pictures of the juvenile while in the shower;
• AG’s settlement offer: This would permit the victim to get their application for relief before Broderick’s office sooner then at present. Victim lawyers said this change would be make the process more respectful to their clients, and;
• Bonding: This would permit the state treasurer to ask the Legislative Fiscal Committee to approve a bond to help pay off some of these claims.
A year ago, the AG’s office predicted the average damage award could be in the range of $700,000; with 1,000 claims that would total $700 million.
Formella said it’s too early to know the state’s total exposure through this process.
“I don’t think anything has kept me up at night more than this issue,” Formella added.
Vicinanzo said this will clearly improve the process.
“We trust Judge Broderick and think it is a credit to the attorney general and the Legislature that they recognize his trustworthiness and good judgment as well,” Vicinanzo said.
A civil lawsuit brought against the state by former YDC resident David Meehan begins April 8 and other trials are set for this June and September.
State prosecutors have arrested at least 11 former employees and charging them with sexual assault and other crimes,
