This October, hundreds of people who were victims of sexual abuse by clergy in the Archdiocese of New Orleans will be voting on whether to accept the settlement offer. That settlement has been predicted to run the archdiocese, which has filed for bankruptcy, anywhere from roughly $180 million to $235 million.
The settlement would need to be approved by two-thirds of the almost 200 survivors who are part of the case. However, there are already indications that many of the victims will vote against accepting the settlement. There’s been some dissatisfaction around the formula being used to determine the dollar value of each survivor’s individual claim. That formula was negotiated with a committee of survivors.
How does the point system work?
Based on what’s been disclosed about the settlement, a point system from zero to 100 will be used for each survivor based on the type of abuse suffered. For example, rape would be 75 points, other sex acts would be in the 50s and touching over the clothes would be “worth” 10 points.
Survivors can get additional points if they can show that the abuse caused mental, academic and/or familial harm or loss of their religious faith. Further, survivors who have worked with prosecutors who have brought criminal charges against some of the accused abusers would get points for that.
If the proposed settlement isn’t approved, survivors can still pursue individual lawsuits on their own. One survivor of Catholic clergy abuse recently received $2.4 million in a separate case. That may give some indication of what some could receive if they go it alone.
Despite the Archdiocese of New Orleans’ bankruptcy filing, it has sources of funds to pay the settlement or separate lawsuits. This may come from a combination of insurance and money from individual parishes, schools and charities.
Whether someone is considering becoming part of a class-action survivors’ lawsuit or filing an individual lawsuit against their abusers and those who enabled them, it’s crucial to have experienced, compassionate legal guidance.