Springfield Diocese reaches financial settlement on abuse claims
SPRINGFIELD, Mass. (CNS) -- The Diocese of Springfield has reached agreements with 59 men and women who came forward to speak of their past abuse by clergy and religious. Each had been invited to participate in a voluntary arbitration process.
The claims of abuse date back to 1948. In addition to these financial settlements, all victims remain eligible to receive continuing counseling and assistance programs through the diocese.
In total, $4.5 million was awarded Nov. 20. This was paid entirely through a fund set up by diocesan insurance carriers under an agreement reached with the diocese in late June.
Attorney John J. Egan, legal counsel to the Springfield Diocese, spearheaded the four-year effort to get insurance carriers to fulfill their obligations to the victims. He said he was thankful there was 100 percent participation by those invited to take part in the mediation.
"The level of participation was extraordinary and in my view a tribute to the fairness of the process. We are very pleased," Egan said. "The claimants' patience was a key part to our being able to recover from the insurance carriers and put together a process for resolving their individual claims that drew their complete participation.
"Finally, we recognize this does not provide closure for them, but we see it as support and assistance as they seek to mend their lives," he continued. "For that reason, the programs offered through the Office of Victim Assistance will still be available to them."
Springfield Bishop Timothy A. McDonnell said it was out of a sense of moral responsibility that the diocese reached out to those suffering the aftereffects of clergy sexual abuse.
"It's a terrible thing for anyone to suffer sexual abuse, but even more so for a child," he said. "The aftereffects impact the person's whole life. My prayer is that a small step toward healing takes place through these settlements. I apologize to all who have been hurt."
A Hampden County grand jury convened in 2004 and, more recently, the insurance carriers had conducted separate and expansive reviews of diocesan records from the time periods in question. Neither inquiry produced any evidence that the diocese had foreknowledge of the wrongdoing.
Each of the accused in these 59 cases, including clergy and a single woman religious, has been out of public ministry for years or is deceased.
Included in those who settled the cases were the two people who alleged misconduct by former Springfield Bishop Thomas L. Dupre when he was a diocesan priest in the 1970s. The former Springfield bishop financially contributed in those two settlements.
The arbitration process was handled by Paul Finn and Brian Mone of Commonwealth Mediation and Conciliation in Brockton, Mass. They were chosen based on their experience in mediating many sexual abuse claims throughout New England.
The arbitration process provided the victims with a hearing at which they could tell their stories and not be subject to questioning by attorneys for the insurance carriers or the diocese. After hearing from the victims, and the witnesses they offered, and reviewing medical materials, the mediators awarded each individual an amount between $5,000 and $200,000.
The diocese waived all legal defenses including the statute of limitations or charitable immunity for these cases.
To be eligible to participate in the voluntary arbitration process, the claimants first had to complete for the arbitrators, under oath, a confidential questionnaire developed by the insurance carriers.
The process only applied to credible, pending claims of which the diocese had notice by noon on June 2, 2008, concerning acts which took place prior to October 1986. This stipulation was established because these carriers had stopped providing insurance after 1986.
At the June announcement of the mediation plan, the diocese and its insurers indicated that up to $5 million could be allocated for settlements. With the arbitration process now complete, checks for $4.5 million have been sent out. The diocese is retaining approximately $500,000 for claims not covered by these settlements and other victim services that may arise in the future.
The diocese has now paid out nearly $12.5 million to victims of abuse. Twenty-five percent of those claims involved time periods in which the diocese did not have insurance. For claims covered by insurance, nearly $8.5 million was paid by insurance carriers.
Funds provided by the diocese came from discretionary accounts and not from direct contributions to the diocese, its parishes or the Annual Catholic Appeal.
© 2008 Catholic News Service/U.S. Conference of Catholic Bishops
Comments (1)
your report includes this
By Robert M. Kelly (not verified) on Friday, December 5, 2008your report includes this paragraph:
A Hampden County grand jury convened in 2004 and, more recently, the insurance carriers had conducted separate and expansive reviews of diocesan records from the time periods in question. Neither inquiry produced any evidence that the diocese had foreknowledge of the wrongdoing.
this paragraph requires some comment. in the spring of 2004, the grand jury investigation referred to was asked to look into bringing charges against Bishop Dupre, including witness tampering and obstruction of justice. in the fall the charges included only one charge against Dupre, because the investigation of diocesan files found no tampering, obstruction or other crimes that could be assigned to him. although one could reasonably conclude that the inquiry proved no foreknowledge of wrongdoing on the part of Dupre, the same cannot be said of the diocese, because the object of the investigation was Dupre's actions.
in a similar vein, the recent settlement concluded in June in no way clears the diocese of foreknowledge. we must remember that the recent settlement included two awards: one of 5 million, and one of 3.5 million, a reimbursement for the amount of 7.75 million paid by the diocese in 2004.
the diocese wanted total reimbursement of 7.75 million, plus court costs, for the 2004 settlement. they wanted this from the moment they filed the suit in June of 2005 until its conclusion. that they came away with 3.5 million instead of the entire 7.75 suggests the opposite of what the paragraph states as fact – the shortfall suggests that the diocese did indeed have foreknowledge of wrongdoing, and that the lawyers for the insurance companies could have proven it, had the case gone to trial.

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