August 27, 2024

Settlement Fund Pause ending, and other YDC updates

We remain tireless in our pursuit of justice for the abuse you endured at the hands of the state. We’re continuing to do everything in our power to move your case forward and deliver you the best outcome possible. In the meantime, we’ll keep you informed of any developments and new information that may impact your case.

Settlement Fund

The administrative pause on claims processing and payment is set to end this Saturday, August 31. This means that the Administrator’s Office will resume all stages of the Settlement Fund journey, including providing notices and position letters from the Attorney General’s Office, pending negotiations with the Attorney General designee, and payment for settled claims. As we said earlier this month, we have already begun receiving payment for some of the claims that were settled through the fund. We will message you as soon as your payment is received—there is no need to call us.

We’re also pleased to say that the legislature’s fiscal committee has approved the new settlement fund guidelines and process documents. This means that the Settlement Fund process will move forward with the improvements we fought for—including larger settlement awards, a streamlined payment process, and expanded coverage for more categories of abuse.

Considering these improvements, we encourage all eligible clients to give the Settlement Fund a try. This path is still faster for most people than the trial process. Submitting a claim through the Settlement Fund is a good way to see whether we can resolve your case before trial. You do not have to accept any offer you receive through the Settlement Fund, so if you do not like the outcome, you can always resume your court case.

If you have submitted a claim to the Settlement Fund or are in the process of submitting a claim, please do not reach out directly to the Administrator’s Office to ask about your claim. They will not be able to answer your questions. Please contact us directly for any information about the status of your submission.

Litigation

We received a proposed scheduling order from Judge Schulman in the Rockingham County cases, which involve plaintiffs who were placed at YDC, YDSU, and other state-run facilities. This order provided the guidance we needed to plan our path to trial. Under the order, Judge Schulman set five trial dates over the next year and a half. The next trial will begin in March 2025, followed by another in May 2025, and additional trials about every two months afterward.

We are already preparing cases for trial, and we look forward to bringing the state’s past abuses to light. As we continue to strategize on logistics, we will reach out to you directly when it is time to start building your case for trial.

Merrimack County Cases (Group Home Only)

We have a similar update about the Merrimack County cases, which involve plaintiffs who were placed only at privately run group homes. The judge in this county has also issued a scheduling order, which means we’ll start moving these cases to the next phase of the trial process. During this next phase, we will be collecting records and asking you for more detailed information about your claim. Please keep an eye out for future communications and respond to all requests for information as soon as possible. Please use the Case Status app to check the status of your case and to complete these information requests whenever possible.

Other Cases

Some of the cases previously filed in Rockingham County have been moved to other counties to prevent backlogs and move the cases forward more quickly. The Superior Court has been scheduling hearings on the pending motions to dismiss throughout the state. On Monday, August 19, a judge in Sullivan County heard arguments on some of these motions. We have not yet received a ruling, but we expect a written order soon. If your case is affected by these developments, we will let you know of the result as soon as we hear.

Criminal Cases

At long last, one of the criminal cases against a former state employee for abusing children in state custody is going to trial. The trial of Victor Malavet was scheduled to begin in Merrimack County Superior Court on Monday, August 26. We will be watching the trial intently and, of course, hope the jury will hold the defendant accountable for his crimes.

Case Status App

We’ve received great feedback on the Case Status App. If you haven’t seen an invite to download the app, please call 603-628-4060 and we will provide the link. This app is the best way to communicate with your legal team. We have staff covering the message box and you will receive a response in 24 to 48 hours.

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