ThenNow

Amen. BSA’s candor and willingness to step up and care for sexual abuse victims in Scouting has an odd smell to it. As in: 1) spending reportedly 100’s of thousands of bucks on lobbying to defeat Child Victims Act legislation; 2) failing to do any injury-type annual reporting on CSA in Scouting; 3) until forced, refusing to disclose the IVF, even to their own experts who were studying dangers in Scouting; 4) not getting truly serious with YPT compliance until CSA cases were crashing over the ramparts; 5) being unwilling to share past CSA settlements with the TCC; and 6) generally dragging anchor on this case. I say again, there would be no wave of attorneys if there had been no abuse. No abuse = no victims, 1 or 82,000. Lawyers need clients to aim at a target. The BSA painted that target and walked around with it on their back for years. Now, some are yelping because the arrows are hitting the mark.

Sorry, but you’ve not read much that’s been posted on this topic and this single post churns up and belches out most of the accusatory batch and takes further pot shots. This talk of “cure, vengeance, heal, destroy”…has been used before and said again and said some more. It’s self delusion. You’re not listening, but to your own spin, anger and “perspective.” No one, that I’ve read, said or suggested any of the things you allege and rename to suit this argument. I begged for this to stop waaaay back when and I thought this was curtailed, both by self restraint and moderator intervention. I join the several substantive rebuttals to your post.

Back to my preponderance and discovery musings. How does the typical Great and Powerful Oz adjudicate such a thing as our multitudinous diverse and complex cases? What methods of discovery, examination…subpoena powers, etc.? Those other cases had pretty clear claimant “creditors.” Not so much in this quagmire.

[gulp]

Related, and I sure I asked this before among my interminable obsession with probing, does anyone have any clue the pool of candidates for Settlement Trustee? Like Future Claimant Representatives and Tort Claimants’ counsel, it has to be aa fairly small universe. I know the TCC, Coalition and FCR will select that person, but curious if there is any narrowing to be done in this vacuum I am occupying.

In what way? We’re creditors and most have a defined amount on their invoices. We don’t, it must be gauged by comp’s and past BSA settlements/award and recent settlements/judgements on similar sexual abuse cases. BSA and the insurers refused a mutual estimation, so there you go. Or, do you mean that it’s wrong to say someone’s injury, pain, suffering and financial other impacts can be reduced to a “valuation”?

Not more than I wanted and I’m sure others appreciate your wisdom, as I do. As to the section quoted, do we get to see their petition for fees and expenses? I assume it contains their winning argument for why their contribution met the standard in the code and rings the “actual and demonstrable benefit” bell.

All well and good, given the code and absence of any objection, but that just seems absurd to me. They’re going to make a great deal of money on this case, they are not the aggrieved and allowing for a portion of attorneys’ fees is usually for the prevailing party. I understand that it’s allowed and everyone seems to concur, but I still don’t get it. Is it more of a, “Thanks for not continuing to make this so difficult and comprising before BSA went bust” gift? Meesa cornfuzzled.

I’m not able to make it out, especially the footnotes. I see the line item, which I guess it the only point I need to get. Very curious...

100%. I think we just crossed wires. The string between our bean cans seems to have frayed or you forgot to empty the beans on your end.

I did. Is there a question? If you mean could they be memorialized, only to the degree that they are known - certainly most are not - and only if their families would want it, which is unlikely. If someone has committed suicide in the depths of a grave depression or addiction, without ever having spoken about their abuse, they are wholly unknown and invisible on this radar screen. Most cases would fall in that category. Mine certainly would have.

No clue. That’s my, “King for a day decree.” Well, for today anyway.

Do you truly think that’s at all likely, this side of the eventual dirt nap? From 95% of what I’ve heard here, other than from the good doctor, the national leadership might be, to quote Captain Barbosa, “disinclined to acquiesce to your request.” No? On the survivor side, I’m sure there is a sizable contingent similarly situated. From my rocking chair, if anything like that is to happen, BSA will have to contemplate, initiate, ingratiate and placate. Even for me, I don’t want to stick my hand (heart) out to someone and have them do a, “Thanks but no thanks. I’d rather not. It’s too complicated and I want to be done with this.”

Does anyone know what million dollar marker the professional fee meter has now hit?

Yes. 110%. I also think the distance of relative anonymity is a protection many of us need so we do not feel too exposed and threatened, though the threat may be hard to define or understand for others. Although I’ve been to “groups” for many of my issues, I’ve never had a therapist direct me to a support or therapy group for BSA sexual abuse survivors where we get to speak out mind and rant at current Scouters. I’m thinking about forming such a group, though. One of the key differences here is the fact that we’re not dead. Most memorials are built on that premise, though they very much honor the horror that inflicted that death and the collateral pain and damage, as well. For many, it would be too much to bear. I think I would find it powerful for me. I can anticipate a real issue though. CSA is very unpleasant. Are people ready to honor those who’ve suffered such that they would go to such a place? If they didn’t, that would be another trauma layer (for me anyway). If something like this were created, maybe there needs to be one iteration fully public, maybe inclusive of all CSA victims but spurred by the BSA case, and another at Summit. That’s wonderful. We’ve helped build a butterfly garden at a treatment center for my wife’s cousin who took her life after years of waging war with addiction. These are very powerful things. I like the idea of a contemplative walk, perhaps with plaques along the way with quotes or things to pray and consider. Kind of like the identification plaques we had for plants and critters and tracks in our Nature Center and paths. Yesterday afternoon I met with a young landscaping entrepreneur. He is impressive in so many ways. As I can’t help doing, I began asking all manner of questions, getting to know him, his background, his family, what drives him and the like. We got on to a shared story of loss. He and his wife lost their first baby to miscarriage. My wife and I lost our middle son, a twin, by full-term “umbilical anomaly.” (Nice way to say it.) He and a friend from his church want to put together a memorial for babies gone to soon, which is the phrase I like to use. I asked if I could help and we are going to connect to make it happen.

I’m sorry it was so difficult, but now she knows. There is good relational vulnerability in that. Well done. I should add that my wife has pretty much had enough of all my “stuff.” It’s been draining, expensive, exasperating and crushing for her. I don’t think she really wants or feels like she “needs” to know more than she does, though it’s precious little.

Trust account as part of the settlement. Makes perfect and total sense.

Like the birthday one I’ve been getting from my great aunt Millie every year since first grade? Sweet, crisp fin. Two weeks prior. Clockwork.

We’ve been married for coming up on 37 years and she’s heard very little about. She knew it happened and that it severely impacted me (and our lives), but that’s about it. No way I’m letting her read my POC. She doesn’t need a long shuffle through that not so little shop of horrors. Add: I didn’t intend to imply I don’t admire and respect your ability to share it with her. Quite the opposite.

One of the first things I asked when I started this process was regarding rights of succession.

The CO.

Would that be D&O plus E&O? Could that external layer be tapped as a secondary source of their settlement funds?

No. I still would like to know more about the timing and genesis of the counseling reimbursement program. I have a contact at the BSA who works with the counseling claims. Well, contacts. One is the attorney overseeing the program. I've yet to hear back from either of them, so they may be reluctant to say and/or don't know yet. There's nothing on this table that could qualify as nourishment for the soul. Healthy ain't on the menu. What's best to be done in this context that will serve future abuse victims in Scouting? In society overall? I think the best thing that can be done is the type of criminal investigation MI has launched, provided it gets amble air time. Let's get under the surface of this thing and see what we learn. Also, if BSA can elevate is YPT, that may be a tool for others to use, even beyond what is apparently done now.

Separate question. I’ve asked it before, but the ensuing melee on other topics swallowed it up. Will the BSA continue to reimburse for counseling? I’m thinkin a bunch of us are going to need a bunch more for a bunch of years after this wraps.

On the more problematic and disheartening flip side, there are substantive claims destined for 3-pointers and blocked off the wrist flick. Aka, time-barred. I see the Trust valuation provisions allow the Trustee discretion to allow some such claims, regardless. Yes? I assume with a heavy discount factor. I’ve asked others this question and am still unclear. The burden of proof for claims is “by a preponderance of the evidence.” Obviously, I know what that means, but how will it apply? Since the Trustee can’t engage full blown discovery given the number and age of most claims, how does this trip out? Will abusers be dragged in to be examined? Can they be, as they should? What aspects of discovery will be used and to what degree? I guess without a direct comparison between this case and another, there is no complete answer at this point. Anyone of you folks with pelagic knowledge in this area willing to weigh in? Pretty please? Inquiring minds…