Attorney Lujan Says Settlement Now in the Works for Sex Abuse Victims

By Janela Carrera
Pacific News Center
June 8, 2017

http://www.pacificnewscenter.com/local/13700


Attorney Lujan says he may seek a stay in court as early as next Monday.

Guam - A settlement is now in the works for the scores of sex abuse lawsuits filed against the catholic church, but not everyone is on board just yet.

In particular, Archbishop Anthony Apuron’s legal counsel and a couple other parties are still not aware of the negotiations between Attorney David Lujan and Hope and Healing Guam, the non-profit organization funded by the archdiocese to provide compensation for victims of church sex abuse.

It’s been about a year since the first allegation of clergy sexual abuse surfaced against the catholic church publicly and in just a few months’ time, the pending scores of lawsuits against the Archdiocese of Agana could see an end. Attorney David Lujan says a majority of the clients who are suing the church and various clergy members are looking forward to settling, saying “I doubt if any of my clients are going to reject a check.”

"They’re very optimistic, which is one of the things that’s attractive is the hope from them is to settle everything by Sept. 1st," said Lujan.

At a hearing today for several of the cases filed in District Court, Attorney Lujan revealed that a motion to stay could be filed as early as next week Monday. The motion, if granted, will effectively halt any further developments in the cases while Lujan and Hope and Healing Guam work on an alternative dispute process.

Attorney John Terlaje, who represents the Archdiocese, said the church will be involved in the settlement process. Lujan also noted that the Boy Scouts of America has indicated that they may be a part of the possible settlement. Saipan Bishop Tomas Camacho’s legal counsel, Attorney William Fitzgerald, today, told the judge that his client will join in the discussions as well.

But what about those who are not aware of this new development such as Apuron and his legal counsel Atty. Jacque Terlaje?

PNC: "So, by agreeing to the settlement, it’s not necessarily an admission of guilt?"

"That’s always the language, once parties settle, one of the language in there would be, for example the settling, the defendant, there’s no admission of fault or guilt," explained Lujan.

We asked Attorney Jacque Terlaje if her client would agree to negotiate a settlement. She said that until she is formally notified of such, she cannot comment any further.

"It would be foolish for her not to be to agree to this. There’s nothing to lose. It’s a non-binding mediation and so we can always go and litigate," Lujan remarked.

Most of the plaintiffs are seeking between $5 to $10 million each in damages in their filings in federal court. It’s not clear, even as indicated by Hope and Healing Guam, what kinds of amounts will be paid out. HHG was created with $1 million in seed money from the Archdiocese. On Monday, Coadjutor Archbishop Michael Byrnes revealed that the Archdiocese is in the process of selling one of its assets, but he declined to disclose which asset.

With dozens of lawsuits filed, the aggregate amount being sought by the plaintiffs is well into the hundreds of millions.

PNC: "Will they be seeking the same amounts that were in the filings, $5 to $10 million each? What kind of amounts are we looking at?"

"Well right now we don’t know so of course we’ll play it according to the harm that each claimant or plaintiff suffered," answered Lujan.

Although a cash payout can seem enticing, Lujan says not all his clients may agree to it.

"It’s not going to be a one-time settlement, it’s going to be an individual settlement. So as each case is evaluated and let’s say it’s settled, some I expect will settle and some I expect will not settle because perhaps the offer that is being given is too low. It depends on the particular plaintiff," said Lujan.

Lujan also noted in court that he has seven clients that have not yet filed their complaints in court. He indicated that those seven cases may be included in settlement talks.