June 27, 2024

Governor signs Settlement Fund Changes into Law

Governor Chris Sununu officially signed Senate Bill 591 into law, and in doing so improved the YDC Settlement Fund for survivors. The changes will significantly expand your pathways forward toward compensation for the abuse you suffered. The new law broadens the fund to cover more categories of abuse, allows for larger settlement awards, and streamlines the settlement and payment process. We anticipate these changes will be rolled out in the fall.

To implement the changes, the Settlement Fund Claims Administrator must adjust the Fund guidelines in line with the new law and replenish the Fund—a process that the state says will take several months. As a result, the Fund Administrator has notified us that he is extending the temporary hold on claims processing through August 31, 2024. This means that many of the stages impacted by the current pause, which was set to expire on June 24th, are now further extended through the end of August.

We understand these delays are frustrating. Please know our team at Nixon Peabody and Rilee & Associates is doing everything in our power to move your cases forward. But the timeline for claims processing and payment is ultimately up to the state. We are confident that, once implemented, the Settlement Fund changes will greatly benefit our clients in the long-term. Specifically, the changes will:

• Compensate survivors for “other abuse,” including, among other things, unjustified or excessive solitary confinement, excessive medication, unlawful strip searches, and unlawful restraints.
• Raise the compensation caps, specifically to:
   
  • $2.5 million for claims of “egregious sexual abuse,” and
  • $250,000 for all claims involving “other abuse” only, which may include up to $100,000 for claims of unjustified or excessive solitary confinement.
• Permit the appointment of assistant administrators who can help expedite the resolution of claims.
• Give the Administrator discretion to determine whether an award is paid in a lump sum or in annual installments over a period of up to 10 years. This flexibility will allow the state to accommodate the new statute’s larger compensation caps while not depleting the Fund. We expect to receive additional information on this aspect of the new law from the Administrator’s office over the summer.

We are in contact with the Administrator to discuss the pause and the problem it presents to our clients. We anticipate that many clients can expect payment delays to continue until after the August 31, 2024, hold ends. We will contact you directly when we receive additional information about the status of your individual payment.

If you would like to begin the process of opting into the Settlement Fund at this time, or if you would just like to talk with us more about it, please contact us at 603.628.4060.

You can also reach us through CaseStatus—a mobile app that delivers quick, easy-to-understand information and connects you digitally to the Nixon/Rilee team. Make sure to download the app through the text message invitation you receive from CaseStatus. We are rolling out the app now, and it will soon be available to all litigation and Settlement Fund clients represented by the Nixon/Rilee team in YDC-related matters.