ThenNow

Pretty good news piece and a better one. https://www.usnews.com/news/us/articles/2022-02-10/bsa-reaches-deal-with-official-abuse-claimants-committee https://www.latimes.com/world-nation/story/2022-02-10/boy-scouts-reach-bankruptcy-deal-with-attorneys-for-sexual-abuse-survivors

“Do you walk to school or carry your lunch?”

I've thought a lot about this too. I've gone over the terms several times. The YPE and YPC appear to be tied at the hip. With my attorney's eye - only one and not two so I can hedge if I'm wrong - I think there's something perhaps not visible to the naked eye. It's imbedded and inherent. One would hope there will be a batch of motivated, vigilant, intelligent and very engaged survivors on the YPC. I see nothing that says they will be bound by confidentiality, unable to scream bloody murder in the town square if things go afoul of their expectations and directives toward a fully-integrated YP focus. Sidelining or marginalizing that group would be a very dangerous move. I may be an idiot, but I think it's a noteworthy leverage point. BSA must take the YPC very seriously and I assume they will. Time will tell, but this is Hulk in the House move. "Hulk smash" if Hulk provoked.

I'm going to whine out loud. This creates a terrible dilemma for someone like me. Maybe I'm an island with a very low population, as in one. This is simply a pay to play state court bench review interjecting the will of an imaginary jury. I have a binder of information I already submitted under oath. I need to prove fraudulent concealment or I spend big coin just for the privilege of sitting at the high rollers table. I was ready to make my case, but not play craps or black jack. If the Neutral doesn't bite, I'm turned out as an emotional and financial pauper, as far as this process is concerned. 20k lighter and shown the door. Thanks for playing. Is there any precedent for this in other mass tort Chapter 11 cases? The pitting of survivor vs survivor has deepened. My opinion in this moment. It could soften. I'm going to go all Inception and plant a thought deep in my subconscious: "Something is better than nothing. Something is better than nothing..." or is it? I guess $20,000 is a cheap trial. I never expected to be required to actually pay cash money to have my case considered in order to maximize the value of my abuse. Now, I get to vex over this decision for the next umpteen months. Good grief. Did anyone else besides the mediation parties and the state court attorneys see this coming? Meh. Ok. That's all.

Shared this with my wife. She's busy, but the initial reaction was swift and simple. Either or both entities - BSA or an association of YSO's - better insure up and lawyer up. After she said that, my reflex is that one serious misstep with clear compensable damages for tortious interference and/or defamation with emotional and reputational impacts could be a plaintiff's lawyer's playground. The proof in defamation is difficult. In an employment recommendation process, which this could be construed to be even if a volunteer, the former employer's statement would need to be reckless, known to be untrue or reasonably know to be untrue. At the least, this could generate a bevy lawsuits. All that said, this seems to be an "explore and see if we can do this" type deal. It will need to be well thought out and examined. 100%. Agree. As I read it, a critical piece is the presence and (apparently) critical role of the Youth Protection Committee. If active and empowered, as it seems to be, the YPC should be able to drive assessment, implementation, and adjustments as appropriate. Selecting the right Youth Protection Executive will be enormously important. Goes without saying. On the memorial, some of BSA survivors shudder at the notion of going anywhere near a Scout camp. Others will find it honoring and comforting to be acknowledged with more than prepared statements. Good point about the pin. Appropriate and timely explanation would need to be considered. As a survivor who was about to get back into Scouting if only at a distance, I would be hesitant to wear one. Others, like the memorial, will be honored. For me, it boils down to whether I want to be recognized as a survivor and possibly deferred to on that basis alone vs on my character, contribution, personality and commitment. That is just ME and not meant to reflect on anyone who feels or chooses otherwise. I will think about it some more.

Independent Review Option begins at pdf page 23. The reviewer is called the "Neutral." (Sounds like a creepy and ominous SciFi character.) If the Trustee won't accept the award determined by the Neutral, assuming such, the claimant can sue in state court and bring back the settlement or award for payment, with various conditions. This is part of the dealio, as it concerns the Neutral and his/her neutral review. (Did I use the correct pronouns?) It sounds like loads of fun. How many of the 5000 pro se claimants will be doing this? Odds? Requirements for Obtaining a Neutral Settlement Recommendation. (1) Sexual Abuse Survivor Proof of Claim signed and dated by the survivor, with completion of all applicable fields, including the substantive narrative of the sexual abuse and damages (to be completed at the time of submission to the Neutral or after the completion of discovery). (2) Payment to the Trust of an administrative fee in the amount of $10,000 at the time of the election for Independent Review and a further additional administrative fee in the amount of $10,000 immediately prior to the Neutral’s review. Any claimant that elects not to proceed with the Neutral’s review after the opportunity to pursue discovery shall not be required to pay the second $10,000 and shall not be precluded from pursuing their claim under the TDP (as if no election to pursue an Independent Review had been made). (3) Confirmation that the survivor was in a Scouting unit by: (a) claimant’s name on a roster; (b) evidence that the survivor was in a Scouting unit or attended a Scouting-related event where the sexual abuse occurred (a non-exclusive list of ways of satisfying the showing are: a photograph, a membership card, or document that reflects the survivor’s rank in a Scouting unit); or (c) a sworn statement by a third party witness (who will agree to a deposition by the Neutral, if requested) that the survivor was in a Scouting unit or attended a Scouting-related event where the sexual abuse occurred. (4) Survivor must provide evidence that the perpetrator was in a Scouting unit, worked or volunteered with a Scouting unit, worked or volunteered with a Local Council, Chartered Organization or the BSA, or worked or volunteered at a Scouting-related event where the sexual abuse occurred (a non-exclusive list of ways of satisfying the showing are: the perpetrator’s name being on a Scouting roster, a photograph of the perpetrator, or a sworn statement by a third party witness who will agree to a deposition if requested by the Neutral). (5) Survivor must provide evidence that the claim is timely under the applicable statute of limitations, including satisfying any recognized exception to the relevant statute of limitation under the applicable state law. (6) Survivor provides evidence that one or more of the BSA, Local Council or Chartered Organization was negligent or is otherwise liable on account of an Abuse Claim, and evidence regarding the survivor’s damages (such as medical and counseling records and/or a sworn statement from a family member, significant other, or relative who, in each case, will agree to a deposition by the Neutral) or benchmark judgments or settlements relevant to the damages claimed. Damages must be supported by an expert report (the cost of which shall be paid by the survivor). (7) Survivor shall be entitled to discovery consistent with the Plan Term Sheet and forthcoming Document Sharing Appendix. (8) Survivor shall be subject to up to a single sworn six-hour interview, mental health examination or supplemental signed and dated interrogatory responses at the discretion of the Neutral or upon the reasonable request of a Responsible Insurer. (9) In making her determination, the Neutral will consider and apply any defense that would otherwise be available in the tort system.

Your path to a good recovery just got better. Now you have to take me on that fishing cruise.

Elucidate?

This reads like a dumbed down litigation process. "Survivor must provide evidence" is a frequently used phrase. Evidence of liability, damages, the tie of the abuser to Scouting and, etc. Discovery is available. Evidence of damages must be shown and that evidence must be supported by an expert report, the cost of which is paid by the survivor claimant. To me, it seems most who are unrepresented will be hard pressed to pony up and wade into this. That's just my first impression. This entire process is far more rigorous than the filing of the POC, as is appropriate in some respects. Many will likely wilt in the face of it, especially those of us not represented by attorneys willing to put up $20,000.

So, currently it's a one size fits all set up. Has this sort of tiering been proposed?

Yes. The hand that was strengthened is the one that was already strongest. That's not intended as a judgment, simply the truth as I see it represented in this document.

Correction: $10,000 x2.

When the "numerator/denominator" comment issued during the last TCC town hall, I was pretty sure more was not forthcoming. However, with your abuse and open state you will likely fair much better with the independent review process that's described. I think it would be worth a conversation with your attorney to better understand how it and the comparative negligence provisions apply to your case.

On the monetary side or all of the above? I'm looking at the process of winding our claims through the Trustee process and feeling a bit queasy. $10,000 for an independent review. I'm not far into digesting any of it quite yet. Hang in there, Brother John.

What would that look like? I know nothing about these processes and fees.

In P13(a), note the word "confirmed." That has to be fleshed out and defined, and the process is TBD. I'm sure there will be much discussion and lawyering involved for backside protection, as well as protection of the accused. Accused vs confirmed is a key difference. the BSA agrees to work with the YPC on a protocol that makes confirmed past child abusers in Scouting, and future confirmed child abusers in Scouting, publicly known.

For all - Be aware that there are substantive footnotes on the filed Term Sheet that don't appear here. You can go to the master doc to see them, if interested.

As a survivor and someone who was about to become involved in Scouting after a 42 year hiatus, I am very interested to hear from survivors and Scouters on these YP commitments. See you over there. Try not to get your feet tangled in the threads.

Added YP commitments start at pdf page 30 of 46.

How can an attorney pledge an asset that is jointly held or otherwise encumbered without written consent? Um. Did BSA not have that document on file somewhere? Did the firm that did the asset appraisal not know? Due diligence? What about the professionals on the survivor side who rummaged through the assets? Something's hinky. Pah-lease. Maybe this is bogus. Meh. More trauma, er, drama.

Ja. (Refer to my post on the other thread. Context and juxtaposition are important.)

GAH!! I forgot to write the most important part! I am SO SORRY and I hear you, brother!! NOTE: I'm moving way too fast. Apologies. I'm jumping back and forth between here and a critical effort of the day. I meant this to be responsive to the issue of recovery and the statement, "I am damaged for life no matter how much therapy I go through" I've shared this sort of thing before, but for gee whiz and for those who didn't read it, "Play it, Sam." I've been in therapy for 22 years. Let's say my average weekly session is $110. For context, that's what I paid in 2000-2001. Today my psychiatrist is $350 every quarter and therapist $300 per week. Trauma therapist aren't cheap and the good ones impossible to find and, if you do, equally hard to see.) We can assume I saw just a therapist 3 times per month (though I go weekly as religiously as I can) for 11 months out of the year. That gives me a current total of $79,860 spent on therapy. Given the ultra conservative assumptions, we know the number is roughly triple that amount. Add in all the medical issues with resulting surgeries, residential and IOP treatment, hospitalizations, medications, lost wages and...yeah. Reality bites. Why don't we do some further spitballing and pull some numbers from my POC. I just happen to keep it in a handy binder on the bookshelf by my desk. Let's see now. What do we got? Let's try tab H, page 23 of the narrative section. Part 5, Paragraph B of the POC, "Impact of Sexual Abuse.". Oh, yes. Here we go. My first stint in residential was in 2001 at the infamous Menninger Clinic, then in Topeka. I checked into the Professionals in Crisis side and straddled it and the Addiction Disorders ward. How much was it you ask? Happy to tell you. $36,564.01 in 2001 dollars. Let's scroll halfway down the page to 2012. Oo. This was a fun one. Child Trauma & Eating Disorder residential at Alsana, then Castlewood, in St. Louis. What did that run, I wonder? A cool $31,000. I could go on. There are 17 entries under "Chronology of Mental & Behavioral Health Providers," a subheading of my making to keep things in some semblance of order. "Memories, light the corners of my mind." Hm. Now that I think of it, they need some light. Comedy is good, too.

It would be scathing, eviscerating and leave the hearer with singed ear hairs.

See? This is the sort of dark, sarcastic humor we so desperately need! It shouldn't be funny, but it is. I am grateful for the smile.

Reading this last series of posts about objections, I was nudged to dig to the bottom of the satchel where I store all my posts. There, in the dregs, I found some of my early comments and fears about how this could go. I was troubled then, grew less so, and now return again. Admittedly, I knew and still know little about bankruptcy law. (Honestly, it seems even those who know it all don't know it well, since it boils down to advocating for their position in a morphing landscape. Anyway.) One of my deepest concerns revolved around pitting survivors against survivors. I know, I know. The states and their SoL reform or lack thereof did that, not the Chapter 11. I'm not 100% convinced of that, but those who can get big money have the right to pursue it. Still, it will pain me to watch this unravel, if it does, based on that division. Even if I am able to pursue a case and others cannot, I will still be troubled, undone, at sixes and sevens and mightily vexed in my soul. As we know, I am likely in the cannot pile, unless I want to represent myself again. Meh. No matter. It's just a mess. If you'll suffer me, I will quote one of my favorite and reputedly the shortest scripture passages in the modern Christian bible. I keep it in my little brain for such times as this. It is from The Gospel of John, verse 11:35 and states, simply, "Jesus wept." Me too.