Hundreds of victims? Dr. EARL BRADLEY - Dover DE
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Re: Hundreds of victims? Dr. EARL BRADLEY - Dover DE
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Re: Hundreds of victims? Dr. EARL BRADLEY - Dover DE
Almost a month before alleged serial child rapist Earl Bradley is
scheduled to go on trial, the families of his victims may find their
wounds reopening again -- with some of the pediatrician's toys and games
available for sale.
Items in a Rehoboth Beach storage unit that Bradley once rented are
to be auctioned off in late January to satisfy a landlord's lien, issued
for nonpayment of rent.The
items in Unit 367 at Secure Self Storage include Buzz Lightyear and
crane-style arcade games, children's toys, electronics, household items,
business and kitchen equipment, artwork, building supplies, boxes and
more, according to a legal notice from the storage center.The storage facility's manager was off Wednesday and could not be reached for comment, an employee there said.Bradley
stands accused of raping or abusing more than 100 children over 10
years, and authorities have acknowledged that many parents may never
know if their children were abused. Some Sussex County residents say the
public auction of toys and items much like those found at the office
and outbuilding where Bradley allegedly abused his patients is a bit too
much."I know
they've got to get their money, but that seems kind of wrong," said
Jerry Thompson of Milton. "We've had enough of hearing about this guy."A
video taken by an evidence collection officer inside Bradley's office
and an outbuilding shown at a hearing earlier this year showed walls
covered with posters and pictures of children's television characters,
shelves overflowing with Disney statuettes and toys and rooms cluttered
with mechanical rides and plastic ride-along toys. The exterior of his
BayBees pediatrics office was known for its carousel and colorful
decorations, so much so that it resembled a child care center or theme
park.According to
the Delaware Attorney General's Office, the items being auctioned at
the storage unit are different from those authorities removed from
outside Bradley's office in February. Those were being stored on-site,
according to the office.
At the time, Attorney General Beau Biden issued a statement saying
authorities, who acted with permission of Bradley's attorneys, removed
the items because "the community should not be faced with the visual
reminder of their pain as they go about their daily lives."
Biden, citing a gag order on the case, declined comment Wednesday
regarding the impact the January sale could have on the broader
community.The
storage center said it reserves the right to withdraw any item or unit
from sale. Winning bidders must pay cash, and must clean out the unit
with 24 hours of the purchase.The auction is slated for 10:30 a.m. Jan. 25 at the storage complex, at 37053 Rehoboth Avenue Extended, Rehoboth Beach.His
items will be auctioned alongside those in three other units by other
renters, including golf clubs, electronics, carpet samples, antique
furniture and a fish tank.Delaware's
civil racketeering statute allows the attorney general to help victims
by putting a lien against and forfeiting a defendant's assets, including
property that has been sold or moved out of state. In January, Delaware
prosecutors filed a civil racketeering lawsuit to freeze Bradley's
assets, aiming to preserve them so that alleged victims might be
compensated.Money
raised by the storage unit auction first will go toward what is due to
the storage company. Remaining proceeds will be deposited in a
court-maintained escrow account, Biden said. "The storage company's
liens supercede the state's lien," Biden said Wednesday.Bradley's
case is scheduled to get under way Feb. 14, with jury selection slated
to take up the whole week. The trial phase is scheduled to begin Feb.
21.The trial is
expected to be held in New Castle County after defense attorneys and
prosecutors expressed concerns about an unbiased jury pool in Sussex or
Kent counties and security issues when Bradley is in court.
scheduled to go on trial, the families of his victims may find their
wounds reopening again -- with some of the pediatrician's toys and games
available for sale.
Items in a Rehoboth Beach storage unit that Bradley once rented are
to be auctioned off in late January to satisfy a landlord's lien, issued
for nonpayment of rent.The
items in Unit 367 at Secure Self Storage include Buzz Lightyear and
crane-style arcade games, children's toys, electronics, household items,
business and kitchen equipment, artwork, building supplies, boxes and
more, according to a legal notice from the storage center.The storage facility's manager was off Wednesday and could not be reached for comment, an employee there said.Bradley
stands accused of raping or abusing more than 100 children over 10
years, and authorities have acknowledged that many parents may never
know if their children were abused. Some Sussex County residents say the
public auction of toys and items much like those found at the office
and outbuilding where Bradley allegedly abused his patients is a bit too
much."I know
they've got to get their money, but that seems kind of wrong," said
Jerry Thompson of Milton. "We've had enough of hearing about this guy."A
video taken by an evidence collection officer inside Bradley's office
and an outbuilding shown at a hearing earlier this year showed walls
covered with posters and pictures of children's television characters,
shelves overflowing with Disney statuettes and toys and rooms cluttered
with mechanical rides and plastic ride-along toys. The exterior of his
BayBees pediatrics office was known for its carousel and colorful
decorations, so much so that it resembled a child care center or theme
park.According to
the Delaware Attorney General's Office, the items being auctioned at
the storage unit are different from those authorities removed from
outside Bradley's office in February. Those were being stored on-site,
according to the office.
At the time, Attorney General Beau Biden issued a statement saying
authorities, who acted with permission of Bradley's attorneys, removed
the items because "the community should not be faced with the visual
reminder of their pain as they go about their daily lives."
Biden, citing a gag order on the case, declined comment Wednesday
regarding the impact the January sale could have on the broader
community.The
storage center said it reserves the right to withdraw any item or unit
from sale. Winning bidders must pay cash, and must clean out the unit
with 24 hours of the purchase.The auction is slated for 10:30 a.m. Jan. 25 at the storage complex, at 37053 Rehoboth Avenue Extended, Rehoboth Beach.His
items will be auctioned alongside those in three other units by other
renters, including golf clubs, electronics, carpet samples, antique
furniture and a fish tank.Delaware's
civil racketeering statute allows the attorney general to help victims
by putting a lien against and forfeiting a defendant's assets, including
property that has been sold or moved out of state. In January, Delaware
prosecutors filed a civil racketeering lawsuit to freeze Bradley's
assets, aiming to preserve them so that alleged victims might be
compensated.Money
raised by the storage unit auction first will go toward what is due to
the storage company. Remaining proceeds will be deposited in a
court-maintained escrow account, Biden said. "The storage company's
liens supercede the state's lien," Biden said Wednesday.Bradley's
case is scheduled to get under way Feb. 14, with jury selection slated
to take up the whole week. The trial phase is scheduled to begin Feb.
21.The trial is
expected to be held in New Castle County after defense attorneys and
prosecutors expressed concerns about an unbiased jury pool in Sussex or
Kent counties and security issues when Bradley is in court.
TomTerrific0420- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
- Job/hobbies : Searching for Truth and Justice
Re: Hundreds of victims? Dr. EARL BRADLEY - Dover DE
Looking thin but well-groomed, Dr. Earl B. Bradley, the former Lewes
pediatrician charged with sexually abusing more than 100 patients,
stood before a judge today and waived his right to a jury trial in a
firm, clear voice.During the brief,
15-minute proceeding, Superior Court Judge William C. Carpenter Jr.
indicated that Bradley’s defense team was “abandoning” a possible
defense of guilty-but-mentally-ill, and because of that he was
dismissing the request for an independent mental health evaluation of
Bradley.A finding of guilty but mentally ill would have
allowed Bradley to serve part or all of any sentence imposed in a secure
mental health facility instead of in a prison.Watching
Bradley from the gallery of the court during his appearance were
Delaware Attorney General Beau Biden and three people who were relatives
of one of Bradley’s alleged victims.Bradley, wearing
glasses and appearing to lean slightly forward during the brief
proceeding, was dressed in grey-green prison clothes that resembled
medical scrubs except for the letters DOC written on the back.Bradley,
who was flanked by his public defenders Dean Johnson and Robert Goff,
did not speak beyond answering “yes” or “no” questions and stating that
he understood the rights he was waiving.Except for one
brief glance back, Bradley remained focused on Carpenter, who accepted
the waiver of a jury trial and announced that the prosecution of the
former doctor would still begin on June 1.Carpenter,
however, said he was not yet sure if the trial will take place in New
Castle County or Sussex County. The trial had been moved to New Castle
County because of fears about the difficulty of getting an impartial
jury in Sussex County, where Bradley worked and is accused of molesting
more than 100 of his young patients – and allegedly documenting many of
the attacks on digital video – over a 10-year period.Now
that Bradley has waived his right to a jury trial, there is no reason
why the trial cannot be moved back to Sussex County, said Carpenter.Bradley’s
attorneys and prosecutors Paula Ryan and David Hume IV and Biden all
declined to comment afterward, citing a gag order by Carpenter.
http://www.delawareonline.com/article/20110509/NEWS/110509019/Bradley-waives-right-jury-trial-child-sex-abuse-case?odyssey=mod|newswell|text|Home|s
pediatrician charged with sexually abusing more than 100 patients,
stood before a judge today and waived his right to a jury trial in a
firm, clear voice.During the brief,
15-minute proceeding, Superior Court Judge William C. Carpenter Jr.
indicated that Bradley’s defense team was “abandoning” a possible
defense of guilty-but-mentally-ill, and because of that he was
dismissing the request for an independent mental health evaluation of
Bradley.A finding of guilty but mentally ill would have
allowed Bradley to serve part or all of any sentence imposed in a secure
mental health facility instead of in a prison.Watching
Bradley from the gallery of the court during his appearance were
Delaware Attorney General Beau Biden and three people who were relatives
of one of Bradley’s alleged victims.Bradley, wearing
glasses and appearing to lean slightly forward during the brief
proceeding, was dressed in grey-green prison clothes that resembled
medical scrubs except for the letters DOC written on the back.Bradley,
who was flanked by his public defenders Dean Johnson and Robert Goff,
did not speak beyond answering “yes” or “no” questions and stating that
he understood the rights he was waiving.Except for one
brief glance back, Bradley remained focused on Carpenter, who accepted
the waiver of a jury trial and announced that the prosecution of the
former doctor would still begin on June 1.Carpenter,
however, said he was not yet sure if the trial will take place in New
Castle County or Sussex County. The trial had been moved to New Castle
County because of fears about the difficulty of getting an impartial
jury in Sussex County, where Bradley worked and is accused of molesting
more than 100 of his young patients – and allegedly documenting many of
the attacks on digital video – over a 10-year period.Now
that Bradley has waived his right to a jury trial, there is no reason
why the trial cannot be moved back to Sussex County, said Carpenter.Bradley’s
attorneys and prosecutors Paula Ryan and David Hume IV and Biden all
declined to comment afterward, citing a gag order by Carpenter.
http://www.delawareonline.com/article/20110509/NEWS/110509019/Bradley-waives-right-jury-trial-child-sex-abuse-case?odyssey=mod|newswell|text|Home|s
TomTerrific0420- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
- Job/hobbies : Searching for Truth and Justice
Re: Hundreds of victims? Dr. EARL BRADLEY - Dover DE
GEORGETOWN, Del. (AP) — An ex-pediatrician
accused of raping and sexually assaulting scores of his young patients
over a decade will await a judge's decision after a one-day trial in
which the graphic testimony moved women to tears and drove others from
the courtroom.
Prosecutors on Tuesday presented their case against
to a judge in southern Delaware, just miles from his former office in
Lewes. Witnesses painted the 58-year-old, gray-bearded former doctor as a
predator who covertly videotaped naked patients during exams and who
raped young victims or forced them to perform oral sex.
"The rapes were violent, they were brutal," state police Detective Scott Garland
testified. "... The violence we were seeing was significant, and beyond
anything I had ever witnessed. Nothing had prepared me for it."
Prosecutors gave Sussex County Superior Judge William Carpenter
Jr. hours of graphic video evidence to review, recorded by Bradley
himself, documenting the abuse. On the tapes are a total of 86 victims
dating to 1998, prosecutors said. All but one were young girls with an
average age of 3.
If convicted, Bradley could face life in prison
for each of the 14 rape charges against him. He also is charged with
assault and sexual exploitation of a child.
The judge will decide
the case since Bradley waived his right to a jury trial after his
lawyers were unsuccessful in suppressing video evidence against him. He
did not indicate when he would rule, but the outcome hardly seems in
doubt.
Bradley's defense lawyers did not cross-examine either of
the prosecution's witnesses, both Delaware state police detectives.
Instead, Bradley's state-appointed lawyer Dean Johnson
began by reminding the judge of the defense's objection to the videos'
admission. Defense lawyers had previously argued unsuccessfully that the
videos were improperly seized from Bradley's office and are expected to
pursue an appeal on that issue.
Any appeal would have to wait
until after sentencing, however, which likely would be months after the
judge rules. Any appeal would be heard by Delaware's Supreme Court. It would be unlikely that a three-judge panel of the court, or the full court itself, would hear any appeal before next year.
Dressed
in a gray prison jumpsuit, Bradley said little during Tuesday's
four-hour trial, speaking only when the judge asked a few questions,
including whether he wanted to testify. He squinted through heavy
glasses and often stared at the wall or the defense table. He never took
the stand.
Instead, the judge and those in the courtroom
listened to detectives who described how Bradley had developed a variety
of ruses to conceal his abuse.
Garland, a computer forensics
expert, reviewed the more than 13 hours of video taken from Bradley's
office complex. He said Bradley had pocket-sized pen cameras he would
use to surreptitiously record a child's genitals during exams, often
with parents in the room.
To get his victims away from their
parents, Bradley would offer toys kept in the office's basement, said
the other witness, Det. Thomas Elliott.
Another recurring theme was to explain that a child had received an
especially painful shot and that the sugar from a Popsicle could help
ease the pain, Garland said. Children were then taken alone for a treat
and abused.
"You can see the child has a Popsicle in her hand during the course of some of the rapes," Garland said.
Videos
of the abuse were filed and categorized in folders with names like
"Summer Best," Garland said, with some protected by software that looked
and acted like a safe and required an eight-digit password.
The
detective's testimony about the videos included describing Bradley with
his hands wrapped tightly around the heads of young children, violently
forcing them to perform oral sex on him. When Bradley was finished the
assaults, he would sometimes lift up the young victims by the head and
throw them several feet onto a couch in the rear of the building at his
office complex where investigators found the videos, Garland said.
Sometimes he would perform "rescue breathing" and chest rubs to revive
the semiconscious victims, the detective said.
Some witnesses in the courtroom sobbed during that description, and one couple stormed out, slamming the door.
About
50 observers were in the courtroom at the trial's start, though some
had trickled out by the end of the day. Passions were clearly running
high. The Associated Press
has not identified the relatives of victims in the case in order to
protect the identities of children who are alleged victims of the sexual
abuse.
One woman who did not want to be identified but said she
was the grandmother of one of the alleged victims said she wished she
could shoot Bradley.
http://www.seattlepi.com/news/article/Judge-to-rule-if-ex-pediatrician-raped-patients-1414532.php#ixzz1OgcM3dg1
twinkletoes- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
- Job/hobbies : Trying to keep my sanity. Trying to accept that which I cannot change. It's hard.
Re: Hundreds of victims? Dr. EARL BRADLEY - Dover DE
Delaware courts: Dr. Earl B. Bradley's battle is just starting
Appeals process to drag into 2012
11:19 PM, Jun. 11, 2011
When a defendant admits to violent crimes in court -- as former pediatrician Earl B. Bradley essentially did last week at his one-day child rape trial -- it's normally part of a guilty plea.
Not so in the case of Bradley, accused of raping or assaulting more than 100 girls he treated -- most of them too young to speak -- in attacks he recorded on video.
That's because when state prosecutors and Bradley's public defenders agreed to a "stipulation of facts" in the proceeding that left some spectators in tears, it was merely a legal maneuver to shorten the trial. Lawyers call the move a "slow plea.''
The strategy for Bradley's lawyers was plain: consent that the state has videos that show him brutalizing girls, some of whom briefly lost the "sufficient ability to breathe" before Bradley revived them, a prosecutor said while reading the stipulation into the record.
Legal observers said such a concession assures a guilty verdict that lets the defense turn its attention to convincing the Delaware Supreme Court a state judge erred when ruling in April that police had the legal authority to search two buildings where Bradley's videos were discovered.
So while the trial -- which featured the bespectacled, bearded Bradley watching impassively while a state police detective provided startling details of child rapes that left onlookers emotionally spent, the more important battle should take place next year in briefing papers and perhaps a hearing before the high court.
Should the justices suppress the video evidence, they could order a new trial and toss out the stipulation as if it never happened, said Wilmington criminal attorney John S. Malik, who watched Tuesday's brief trial in Sussex County.
"Then they'd have to prove the case through the victims," Malik said.
Both sides are under a gag order until after sentencing and would not comment for this story.
As Friday passed, marking three days without a verdict, Malik said he expects Superior Court Judge William C. Carpenter Jr. to wait a couple of weeks if not longer to render judgment on the 58-year-old physician whose crimes put him in the ranks of history's worst pedophiles. Carpenter held a bench trial after Bradley waived his right to a jury trial.
http://www.delawareonline.com/article/20110612/NEWS01/106120368/Bradley-s-battle-is-just-starting?odyssey=tab|mostpopular|text|FRONTPAGE
Appeals process to drag into 2012
11:19 PM, Jun. 11, 2011
When a defendant admits to violent crimes in court -- as former pediatrician Earl B. Bradley essentially did last week at his one-day child rape trial -- it's normally part of a guilty plea.
Not so in the case of Bradley, accused of raping or assaulting more than 100 girls he treated -- most of them too young to speak -- in attacks he recorded on video.
That's because when state prosecutors and Bradley's public defenders agreed to a "stipulation of facts" in the proceeding that left some spectators in tears, it was merely a legal maneuver to shorten the trial. Lawyers call the move a "slow plea.''
The strategy for Bradley's lawyers was plain: consent that the state has videos that show him brutalizing girls, some of whom briefly lost the "sufficient ability to breathe" before Bradley revived them, a prosecutor said while reading the stipulation into the record.
Legal observers said such a concession assures a guilty verdict that lets the defense turn its attention to convincing the Delaware Supreme Court a state judge erred when ruling in April that police had the legal authority to search two buildings where Bradley's videos were discovered.
So while the trial -- which featured the bespectacled, bearded Bradley watching impassively while a state police detective provided startling details of child rapes that left onlookers emotionally spent, the more important battle should take place next year in briefing papers and perhaps a hearing before the high court.
Should the justices suppress the video evidence, they could order a new trial and toss out the stipulation as if it never happened, said Wilmington criminal attorney John S. Malik, who watched Tuesday's brief trial in Sussex County.
"Then they'd have to prove the case through the victims," Malik said.
Both sides are under a gag order until after sentencing and would not comment for this story.
As Friday passed, marking three days without a verdict, Malik said he expects Superior Court Judge William C. Carpenter Jr. to wait a couple of weeks if not longer to render judgment on the 58-year-old physician whose crimes put him in the ranks of history's worst pedophiles. Carpenter held a bench trial after Bradley waived his right to a jury trial.
http://www.delawareonline.com/article/20110612/NEWS01/106120368/Bradley-s-battle-is-just-starting?odyssey=tab|mostpopular|text|FRONTPAGE
twinkletoes- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
- Job/hobbies : Trying to keep my sanity. Trying to accept that which I cannot change. It's hard.
Re: Hundreds of victims? Dr. EARL BRADLEY - Dover DE
U.S. News
Pediatrician guilty of child rape
Published: June 23, 2011 at 7:20 PM
GEORGETOWN, Del., June 23 (UPI) -- A judge Thursday found a Delaware pediatrician guilty of raping and molesting young female patients.
Dr. Earl B. Bradley, who practiced in the Lewes area, faces a possible life sentence, The News Journal of Wilmington reported.
Superior Court Judge William Carpenter Jr. scheduled sentencing for Aug. 26.
Bradley was charged with 24 counts of rape, sexual assault and exploitation of children. But investigators said he may have molested more than 100 young girls, some of them too young to talk.
The judge was given 13 hours of videoed sexual attacks seized from Bradley. Police testified during the trial Bradley taped himself forcing young girls to perform oral sex, and the tapes also showed babies and toddlers trying to crawl away from him.
Bradley's lawyers did not present any witnesses. Instead, they plan to appeal Carpenter's ruling that the tapes could be put into evidence.
More than 15 corrections officers and Capitol police officers were assigned to the courthouse in Georgetown to provide extra security Thursday. But the courtroom was quiet as Carpenter read his verdict with Bradley following along on a copy.
Relatives of the victims left by a back entrance without commenting on the verdict.
http://www.upi.com/Top_News/US/2011/06/23/Pediatrician-guilty-of-child-rape/UPI-85761308871201/#ixzz1QAOhw4Vm
Pediatrician guilty of child rape
Published: June 23, 2011 at 7:20 PM
GEORGETOWN, Del., June 23 (UPI) -- A judge Thursday found a Delaware pediatrician guilty of raping and molesting young female patients.
Dr. Earl B. Bradley, who practiced in the Lewes area, faces a possible life sentence, The News Journal of Wilmington reported.
Superior Court Judge William Carpenter Jr. scheduled sentencing for Aug. 26.
Bradley was charged with 24 counts of rape, sexual assault and exploitation of children. But investigators said he may have molested more than 100 young girls, some of them too young to talk.
The judge was given 13 hours of videoed sexual attacks seized from Bradley. Police testified during the trial Bradley taped himself forcing young girls to perform oral sex, and the tapes also showed babies and toddlers trying to crawl away from him.
Bradley's lawyers did not present any witnesses. Instead, they plan to appeal Carpenter's ruling that the tapes could be put into evidence.
More than 15 corrections officers and Capitol police officers were assigned to the courthouse in Georgetown to provide extra security Thursday. But the courtroom was quiet as Carpenter read his verdict with Bradley following along on a copy.
Relatives of the victims left by a back entrance without commenting on the verdict.
http://www.upi.com/Top_News/US/2011/06/23/Pediatrician-guilty-of-child-rape/UPI-85761308871201/#ixzz1QAOhw4Vm
twinkletoes- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
- Job/hobbies : Trying to keep my sanity. Trying to accept that which I cannot change. It's hard.
Re: Hundreds of victims? Dr. EARL BRADLEY - Dover DE
If this monster ever walks again as a free man, there ain't no justice. I expect vigilante justice for him if that happens.
It is reprehensible that this POS was allowed to continue to rape and sodomize these babies long after it was known what he was doing.
It is reprehensible that this POS was allowed to continue to rape and sodomize these babies long after it was known what he was doing.
twinkletoes- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
- Job/hobbies : Trying to keep my sanity. Trying to accept that which I cannot change. It's hard.
Re: Hundreds of victims? Dr. EARL BRADLEY - Dover DE
Delaware pediatrician hit with $123 million settlement in child abuse lawsuit
7:49 PM, Nov 19, 2012
DOVER, DEL. — A judge approved a $123 million settlement Monday in a class-action lawsuit filed on behalf of young children who were sexually abused by former Delaware pediatrician Earl Bradley.
The settlement approved by New Castle County Superior Court Judge Joseph Slights III resolves claims against Beebe Medical Center, a southern Delaware hospital where Bradley had hospital privileges; the Medical Society of Delaware; and five physicians accused by the plaintiffs of not reporting suspicions about Bradley to authorities.
"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 Slights, who held a fairness hearing on the settlement last week.
Bradley, 59, is serving 14 life sentences for child rape after being convicted last year by a judge who viewed more than 13 hours of homemade videos showing sex crimes against more than 80 victims.
Slights approved the settlement in the civil lawsuit after attorneys for the plaintiffs agreed to reduce their fees to 22.5 percent of the proposed settlement, down from 25 percent. Attorneys will receive about $27.8 million in fees and another $2.1 million in expenses, leaving about $90 million available for victims of Bradley. Beebe also has agreed to provide up to $1 million in medical care over 15 years to plaintiffs included in the lawsuit.
The judge agreed with attorneys that without the settlement, Beebe would be staring at bankruptcy while victims would face years of costly and uncertain litigation involving a "race to the courthouse" and young children would be compelled to talk about what happened to them.
"The settlement provides a sizable fund to compensate all victims injured by Dr. Bradley's abuse through an orderly claims administration process," Slights wrote in a 54-page opinion. "And it 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."
Thomas Rutter, a former Pennsylvania judge who served as a settlement arbitrator in the bankruptcy of the Catholic Diocese of Wilmington — a case prompted by liabilities stemming from abuse by pedophile priests — will serve as claims administrator in the Bradley case.
Rutter will be responsible for determining which claims have merit and for separating claimants into five categories, based upon the alleged harm suffered and the evidence presented. Children within each category would receive the same compensation, but it's unclear what the range of payments could be among categories.
Criteria for the five injury categories are:
— clear and convincing evidence of sexual intercourse;
— significant evidence of sexual abuse;
—evidence revealing a probability of sexual abuse;
—no evidence that would allow one to conclude that the child was abused;
—evidence that would allow one reasonably to conclude that the child was not abused.
Attorneys for the plaintiffs have received more than 900 potential claims. The deadline to submit a claim is Dec. 14, but attorneys have agreed to allow a late-filing period of 90 days for claimants who can demonstrate extraordinary circumstances. They also agreed to set aside $3 million from attorney fees to establish a fund to cover latent injury claims.
Those claims would be allowed to be filed over the next five years on behalf of children who appear healthy now but later develop symptoms requiring medical or psychiatric treatment.
http://www.clarionledger.com/viewart/20121119/NEWS03/121119043/Delaware-pediatrician-hit-123-million-settlement-child-abuse-lawsuit-?odyssey=tab|topnews|text|
7:49 PM, Nov 19, 2012
DOVER, DEL. — A judge approved a $123 million settlement Monday in a class-action lawsuit filed on behalf of young children who were sexually abused by former Delaware pediatrician Earl Bradley.
The settlement approved by New Castle County Superior Court Judge Joseph Slights III resolves claims against Beebe Medical Center, a southern Delaware hospital where Bradley had hospital privileges; the Medical Society of Delaware; and five physicians accused by the plaintiffs of not reporting suspicions about Bradley to authorities.
"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 Slights, who held a fairness hearing on the settlement last week.
Bradley, 59, is serving 14 life sentences for child rape after being convicted last year by a judge who viewed more than 13 hours of homemade videos showing sex crimes against more than 80 victims.
Slights approved the settlement in the civil lawsuit after attorneys for the plaintiffs agreed to reduce their fees to 22.5 percent of the proposed settlement, down from 25 percent. Attorneys will receive about $27.8 million in fees and another $2.1 million in expenses, leaving about $90 million available for victims of Bradley. Beebe also has agreed to provide up to $1 million in medical care over 15 years to plaintiffs included in the lawsuit.
The judge agreed with attorneys that without the settlement, Beebe would be staring at bankruptcy while victims would face years of costly and uncertain litigation involving a "race to the courthouse" and young children would be compelled to talk about what happened to them.
"The settlement provides a sizable fund to compensate all victims injured by Dr. Bradley's abuse through an orderly claims administration process," Slights wrote in a 54-page opinion. "And it 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."
Thomas Rutter, a former Pennsylvania judge who served as a settlement arbitrator in the bankruptcy of the Catholic Diocese of Wilmington — a case prompted by liabilities stemming from abuse by pedophile priests — will serve as claims administrator in the Bradley case.
Rutter will be responsible for determining which claims have merit and for separating claimants into five categories, based upon the alleged harm suffered and the evidence presented. Children within each category would receive the same compensation, but it's unclear what the range of payments could be among categories.
Criteria for the five injury categories are:
— clear and convincing evidence of sexual intercourse;
— significant evidence of sexual abuse;
—evidence revealing a probability of sexual abuse;
—no evidence that would allow one to conclude that the child was abused;
—evidence that would allow one reasonably to conclude that the child was not abused.
Attorneys for the plaintiffs have received more than 900 potential claims. The deadline to submit a claim is Dec. 14, but attorneys have agreed to allow a late-filing period of 90 days for claimants who can demonstrate extraordinary circumstances. They also agreed to set aside $3 million from attorney fees to establish a fund to cover latent injury claims.
Those claims would be allowed to be filed over the next five years on behalf of children who appear healthy now but later develop symptoms requiring medical or psychiatric treatment.
http://www.clarionledger.com/viewart/20121119/NEWS03/121119043/Delaware-pediatrician-hit-123-million-settlement-child-abuse-lawsuit-?odyssey=tab|topnews|text|
twinkletoes- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
- Job/hobbies : Trying to keep my sanity. Trying to accept that which I cannot change. It's hard.
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