“Be Prepared” has long been known as the motto of the Boy Scouts of America but for more than 80,000 victims of scouting-related sexual abuse, it might as well have been “Be Patient.”
Nearly two years after a historic $2.46 billion settlement was reached, over 80,000 survivors of sexual abuse within the Boy Scouts of America (BSA) remain in limbo, facing agonizing delays in receiving their compensation. The prolonged wait has reignited frustration and uncertainty for victims who have already endured profound trauma.
Boy Scouts abuse survivors should ‘Be Prepared’ to wait
In 2012, the Los Angeles Times published the Perversion Files which documents the history of abusers that ran rampant in the BSA. The Perversion Files records 5,000 cases of sexual abuse dating back to the 1940’s.
Facing a multitude of claims for childhood sexual abuse, the Boy Scouts filed for Chapter 11 bankruptcy in February of 2020. Approximately 82,000 individuals filed a claim in the bankruptcy.
In September 2022, a bankruptcy judge approved the $2.46 billion reorganization plan that will allow the BSA to exit Chapter 11 and settle the claims.
The landmark settlement, the largest sexual abuse settlement fund in U.S. history, was hailed as a beacon of hope for survivors seeking closure and financial redress after suffering abuse at the hands of scout leaders and volunteers.
However, the path to receiving payments has been riddled with legal hurdles and administrative complexities.
Initial delays stemmed from appeals filed by several insurance companies and a small group of survivors. While most appeals were dismissed, the litigation saga extended for months, pushing back the activation of the trust responsible for distributing funds.
Even with the trust now operational, challenges persist. The intricate claims evaluation process, based on questionnaires and varying state statutes of limitations, is proving time-consuming. Many survivors report feeling overwhelmed by the bureaucracy and struggling to navigate the maze of paperwork.
Adding to the anguish, some paperwork errors discovered in early 2023 risked leaving hundreds of survivors with significantly reduced payouts or even excluded from the process altogether. While corrective measures are being implemented, the incident caused further anxiety and distrust among claimants.
“The wait for justice is agonizing,” said one survivor who filed a claim more than two years ago. “Every day of delay feels like a fresh wound, a reminder of the powerlessness we experienced as children and the ongoing struggle for accountability.”
Law firms are expected to take roughly 40% of any payments to clients from the $2.4 billion trust fund established for abuse survivors. Nevertheless, a group of personal injury attorneys called the Coalition of Abused Scouts for Justice argued that Silverstein should grant their “relatively modest” fee request because of the “extraordinary contribution” they made in developing a Boy Scouts’ reorganization plan.
The coalition played a dominant role in the bankruptcy, despite the existence of an official victims committee representing more than 80,000 abuse claimants. Coalition law firms represent some 18,000 claimants and are affiliated with more than two dozen law firms that collectively represent more than 60,000 claimants. Plan opponents have suggested that the huge number of claims was the result of a nationwide marketing effort by personal injury lawyers working with for-profit claims aggregators to drum up clients.
Advocates for survivors express alarm at the prolonged hardship. “These individuals have already faced unimaginable trauma,” said Katherine Harris, spokesperson for the Survivors Network of the BSA. “The extended wait for their rightful compensation is inflicting further pain and exacerbating the financial burdens many suffer as a result of their abuse.”
Calls are mounting for increased transparency and streamlining of the claims process. Survivors and their advocates urge the trust administrators and legal teams to prioritize efficiency and compassion while ensuring every voice is heard and fairly compensated.