A Superior Court judge has given his approval of the settlement reached in the class action lawsuit brought by victims of former Lewes pediatrician Earl Bradley. The $123 million settlement will compensate the families of the young patients Bradley was convicted of sexually abusing.
Judge Joseph Slights made his ruling Monday afternoon in a 54 page opinion. He found the settlement "fair, reasonable and adequate" and hoped it would speed the healing process.
“Although no amount of monetary or non-monetary compensation can atone for Dr. Bradley’s atrocities, the settlement approved today provides Dr. Bradley’s victims with means by which to facilitate the healing process," wrote Judge Slights. "It is not for this Court to tell this class of innocent victims, or the greater Sussex County community, how to go about the physical, emotional and spiritual healing that all who have followed this case so sincerely wish for these children and their families. With criminal and civil litigation behind them, however, all focus can now be placed on picking up the pieces as best as possible."
Attorney Phil Federico was among those representing victims in the case. He agrees with Judge Slights that the settlement allows the victims to start healing. He adds that by avoid lengthy and costly litigation victims will have more time and resources available to them for that process.
"We've saved tens of millions of dollars that will go into the hands of the victims. And instead of the case lasting an addition 5-10 years, these children will get their money now, when they need it so they can start getting the therapy and treatment they can and try to put their lives back together,"said Frederico.
The settlement, hammered out by lawyers for the victims and those accused of failing to report suspicions about Bradley – including Beebe Medical Center and the Medical Society of Delaware - creates a victim’s trust fund made up of insurance proceeds and contributions from Beebe Medical Center.
Mediator Thomas Rutter, who was settlement arbitrator in the bankruptcy of the Catholic Diocese of Wilmington that stemmed from claims involving pedophile priests, will place victims in five categories. Compensation in each category will be based on the nature of the harm suffered and need for ongoing treatment.
In his opinion, Judge Slights said the process set up by the settlement "marks a welcomed early end to litigation that, once fully activated, would have caused great distress to class members, given the tender age of the victims and the vulgar nature of Dr. Bradley’s treatment of them."
Frederico says Rutter's experience from administering the Diocese of Wilmington bankruptcy claims combined with additional expert assistance should insure victims are treated fairly.
"[Rutter's] also going to have the benefit of Andy Steinberg, who is a child psychologist from Pennsylvania who specializes in sexual abuse. Dr. Steinberg is going to be his consultant and provide him with additional expertise to make sure they do as accurate a job as possible in categorizing the victims," said Frederico
Frederico adds the settlement includes the ability to appeal if a victim feels miscategorized and that appeals process would take "months, not years" to come to a ruling.
There is a December 14th deadline for victims to join the 900 claimants already part of the suit, but the settlement includes a 90 day late filing period for extraordinary circumstances and the possibility of latent injuries. Attorneys expect the victim pool could be as large as 1100.
Frederico believes this settlement could provide guidance in other cases with a large number of victims or involving sexual abuse, but says this case stands alone in the scope of the crime.
"This is exceedingly unique case. I hope we never see another one like it," said Frederico.
Bradley is current serving 14 life sentences for child rape.