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	Judge Wants Abuse Victims Counted Assessment of Claims Ordered By Mark Hansel Kentucky Post [Covington KY] June 11, 2005 Special Judge John Potter told attorneys Friday in a class action lawsuit over abuse of children by priests of the Diocese of Covington that he wants a census to determine the number and severity of the plaintiffs' claims. The diocese announced a week ago that it had agreed to pay up to $120 million to settle the suit. On Thursday, however, Potter refused to approve the deal, saying only $40 million of the money was secured. The diocese is suing its insurance companies to secure the other $80 million. The census will require each alleged victim to submit a form with detailed information of the abuse claim, including the school or church involved, the time period and the name of the offender. In his ruling Thursday, Potter pointed to several factors that combine to make the lawsuit unique from other class action cases. Among them: the significant differences in the members' claims and the fact that the existence and nature of some claims can be known only if members come forward voluntarily. Only two of the issues are potentially applicable to all class members as a group, Potter wrote: punitive damages and a ruling on whether the statute of limitations has been delayed or suspended. Since some of the claims go back as far as 50 years, the statute of limitations is a critical issue. While Potter acknowledged that a census before the trial would exclude some members who might have participated in the class action, he nonetheless ruled that he would require a census. Stan Chesley, an attorney representing the victims in the class action, said the information the judge is calling for is nothing new. "If you look at our notice, it is a census," Chesley said. "Before anyone can make a claim, they have to fill out a form." Indeed, both parties in the lawsuit filed a notice of proposed class action settlement for preliminary approval Monday that contains a confidential form to be filled out by abuse victims. The form calls for much of the same information from victims that Potter said he would require. Dan Frondorf, co-leader of the Greater Cincinnati Survivors Network of those Abused by Priests (SNAP), said that, while the group is generally pleased with the call for a census, he has some concerns. "Victims and survivors are their own worst enemies," he said. "Abuse, especially same-sex abuse, is such an embarrassing thing, to go before a judge could be daunting." Frondorf also expressed concerns about the insurance issue. "We don't think it's a good idea to promise $120 million if you don't have $120 million," he said. A statement released by one of the insurers, Catholic Mutual Relief Society of America, expressed disappointment with the diocese' decision to sue. The group said it was not consulted on, and did not consent to, the settlement. Chesley termed Catholic Mutual's comments outrageous. "Anyone from Catholic Mutual who is saying that it was excluded from the negotiations is either badly misinformed or deliberately not telling the truth," said Chesley. "Catholic Mutual Should do what is best for the diocese's victims. Instead, it is only adding to the victims' suffering."
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