Class action lawsuits operate by allowing one person, the lead plaintiff, to file a lawsuit on behalf of a group of people whose cases share a defendant or defendants and similar circumstances.
At first glance, this appears to be the easiest and most efficient way to achieve justice for those who want to hold liable parties accountable through the civil courts regarding their sexual assault cases.
However, there are several problems with class actions concerning sexual abuse and assault that can result in confusion, miscommunications, loss of control and diminished settlement amounts for plaintiffs.
Shortened Deadlines and Voluntary Opt-Outs
Class actions typically have shorter deadlines to join than that which is permissible in individual abuse lawsuits filed in state courts. In New York, the statute of limitations in individual civil sexual assault cases is 20 years since the passage of the Adult Survivors Act in 2022.
The court hearing the class action will set a short deadline for prospective parties to either join the class action or “opt-out” of the matter. If no response is received, these parties may automatically be included in the class action, precluding them from filing their own lawsuit at a later date.
Anonymity Complicates Plaintiff Communications
Second, sexual assault victims may be difficult to contact due to various circumstances related to the suffering they’ve endured as a result of the assault. Many of our clients value privacy and opt to protect their identities, if at all possible. Additionally, not all sexual assault victims are known by the court due to the use of pseudonyms such as John and Jane Doe, so they may never receive notice that a class action has been filed.
Loss of Control Over Legal Strategies and Settlement Decisions
Sexual assault victims generally have little or no control over the legal process in a class action. Frequently, the victims are not involved in the actual negotiations.
For many sexual assault victims, their case is not just about financial remuneration. Many plaintiffs file their lawsuits in order to seek justice and hold the wrongdoer(s) accountable in a public fashion. This is not possible in a class action lawsuit.
Diminished Settlement Values
Class action lawsuits provide victims with far less compensation than individual lawsuits. For example, in the recent case against former University of Southern California gynecologist George Tyndall, members of the federal class-action lawsuit received about $11,000 each, as it compensated all 15,000 to 17,000 students who were treated by Dr. Tyndall, whether or not they experienced sexual abuse themselves. The 710 plaintiffs who opted out of the class action, on the other hand, will receive about $1.2 million each – more than 100 times more.
Failure to Address Variances in Plaintiff Non-Economic Damages
Because each individual reacts and responds to trauma differently, the non-economic damages suffered by plaintiffs may vary greatly. A class action lawsuit fails to address these variances and compromises the legal recourse of those who have suffered sexual abuse.
For example, two victims can suffer the same type of assault but may cope with the assault very differently. One’s life may be ruined by the assault and rendered unable to function while another may live a relatively normal life from all appearances.
We Stand Up for Individual Representation in Civil Sexual Abuse Cases
As survivors learn of prolific abuse from those in positions of power, more victims will continue to come forward to seek justice. We encourage and support this fully. Just as we spoke out against the unjust settlement proposal in the case against Harvey Weinstein, we will continue to stand for severe civil consequences for abusers and individual representation of abuse victims.
If you have endured sexual abuse or assault and would like to discuss filing a civil claim, or you have concerns about your inclusion in a class action lawsuit regarding a sexual abuse case, we urge you to contact our firm to discuss your legal options.
Our firm works on a contingency basis, is willing to invest resources into client cases and treats each client with the utmost respect and compassion. Call us at (212) 684-1880 or send us a message today for a confidential and free consultation.
Thomas P. Giuffra, Partner
Thomas specializes in the litigation and trial of significant civil sexual assault, medical malpractice, personal injury, mass tort, and product liability actions. His innovative approach has led to 20 verdicts and numerous settlements in excess of one million dollars on behalf of his clients, including a recent landmark verdict for $58 Million. He has been recognized as “outstanding in the field of advocacy” nationally and internationally.
