David Meehan and counsel, in his assault and abuse case, are appealing to the New Hampshire Supreme Court (SCONH) about an unexpected settlement reduction.
Meehan has had a lawsuit against the former Youth Development Center (YDC), now called the Sununu Youth Services Center (SYSC), in Manchester, N.H., for some time now. A jury in Rockingham Superior Court recently decided in favor of Meehan for a “record-setting” $38 million settlement according to InDepthNH.
InDepthNH adds that Judge Andrew Schulman of Rockingham Superior Court capped the settlement money to $475,000 per N.H. state law after a dispute from the N.H. Attorney General’s office. N.H. law limits the maximum amount awarded in these cases per incident of abuse and the jury in the case has it listed as one incident. Schulman stated the application of the cap is a miscarriage of justice.
I agree with Schulman that it is a true miscarriage of justice for the settlement to be reduced; however, it appears to be the correct ruling unfortunately. If the jury, intentionally or unintentionally, considered the individual incidents as one larger incident he has no choice but to adjust the settlement.
While $475,000 is a large sum of money, Meehan should be awarded far more. Throughout his trial, Meehan explained the long-term abuses he endured at YDC.
Hopefully, the SCONH can clear up some of this for Meehan. If they cannot amend the settlement, it would mean Meehan would have to relitigate the case. No victim of abuse or assault deserves to relive and relitigate a trial for their settlement. It is difficult enough for victims to work through it the first time, let alone the second time. There could be some alterations to law regarding the cap on damages per incident of abuse.
Having a cap on damages, especially for abuse crimes, seems incredibly arbitrary. These are not crimes they can simply place a sticker price on and call it a day, especially with companies or state organizations where people’s lives and welfare are left in the hands of others.
These are situations that require nuance and sympathy and there is something particularly heinous about taking advantage of vulnerable people in your care, which makes the Attorney General’s dispute so egregious. That is why damages amounts should be left to the court for decision; this cap gives too much power to the one at fault if they are found guilty.
Timothy Fitzpatrick can be contacted at
tfitzpatrick@kscequinox.com
