November 22, 2024

Continuing our fight for David Meehan and for you

You have probably heard the news that Superior Court Judge Andrew Schulman issued a preliminary order granting the state’s request to reduce the jury award in David Meehan’s trial from $38 million to $475,000.

The decision is based on a technical issue of court procedure. Judge Schulman issued a confusing court instruction, to which we objected at trial, and the jury misunderstood this instruction. The essential facts of the case, however, are not in dispute: The Meehan jury found the state liable for years of “wanton and malicious conduct” against David. They clearly intended to award David $38 million in compensation.

Judge Schulman himself has said that reducing the award to $475,000 would be an unjust outcome, but he wrote that he would be forced to grant the state’s request unless we asked for a new trial on David’s behalf. We believe Judge Schulman is incorrect and have asked the Supreme Court to intervene to preserve the jury’s $38 million verdict.

We are confident that the Supreme Court will side with David. We have also filed a motion for a new trial to be held if—and only if—the Supreme Court declines our appeal. We expect decisions on our court filings sometime next month.

There are more some important details we want to highlight about this development.

• The issue addressed in the preliminary order is unique to the Meehan trial. Judge Schulman acknowledged that his jury instruction was confusing and said he will use a different approach in future trials. We don’t expect this issue to come up again in litigation, nor will it affect clients pursuing justice through the Settlement Fund.
• In seeking a reduced award, the Attorney General’s Office cited a law limiting the amount that can be awarded for any one claim arising from the actions of the state. We believe this law applies only when the state has acted in “good faith.” The misconduct in YDC facilities was the opposite of good faith—it was deliberate, malicious, and negligent. We think the Supreme Court will agree with us.
• Meanwhile, we continue to prepare for a series of additional trials scheduled to begin next year. Michael Gilpatrick’s trial is first up in March, followed by Natasha Maunsell’s case in May, and others set for late summer and early fall. These trials will further demonstrate the truth of our claims about how the state failed to create a safe environment in YDC facilities.

As your case moves closer to trial, we will be in touch with you about collecting key documents and providing information that will help prove your claims.

Group home litigation update

If you were placed in both state-operated and privately operated facilities (group homes), Judge Mark Howard is presiding over your case in Rockingham County Superior Court. Those cases remain temporarily paused by the court while the judge determines how to resolve the many motions to dismiss filed by the privately operated facilities.

If you were placed in privately operated facilities (group homes) only, Judge John Kissinger is presiding over your case in Merrimack County Superior Court. Those cases are also moving forward into early discovery. If you have not already completed your questionnaire and signed record releases, please contact our victim specialists ASAP to arrange a time to complete your paperwork.

Settlement Fund update

We need your help to achieve timely and effective resolutions of your Settlement Fund claims. Many of you have been responsive to us—returning our calls, attending scheduled meetings, providing supporting documents, and signing key forms. Thank you! Your engagement in the process is crucial.

If you are struggling to respond promptly to our inquiries, please let us know so we can make a plan that fits your schedule and allows us to keep your process moving. If you need to miss a previously scheduled appointment, let us know by sending a message through the CaseStatus app or by calling 603-628-4060. Remember that the CaseStatus app is the fastest, easiest way to communicate with us about your claim. If you haven’t begun using the app, please download it today. If you aren’t comfortable with using the app, please let us know.

All clients have the option of seeking resolution through civil litigation or the Settlement Fund. You can enter the Settlement Fund at any time. If you already have a civil case in progress and choose to enter the Settlement Fund, your litigation case will be paused. However, you can return to it at any time if you wish.

Communication from our team

We are always looking for faster ways to communicate with you about your case. In the past, our Client Updates have been slow to reach clients who are incarcerated because these letters are subject to strict mailing rules at each individual correctional facility. To speed up this process, we are excited to introduce a new, recorded update option that will allow incarcerated clients to hear client updates by phone. Here’s how it works:

• Call the main Nixon Peabody phone number (603-628-4060) and ask to be connected to the YDC client update line.
• Listen to the most recent client update that has been recorded for your convenience.

You may call this line as often as you would like to hear any new client updates.

For now, we will continue sending paper copies of the Client Updates to our clients incarcerated at correctional facilities through the US mail. Our hope is to eventually replace updates mailed to clients who are incarcerated with the recorded phone message. This process will avoid mailing delays and allow us to deliver updates to incarcerated clients much more quickly.

Please always remember to update your contact information as it changes.

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