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Del. Judge Approves Class Action Lawsuit Against Bradley
Class Action |
2011/04/18 09:51
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A Delaware judge will allow a class action lawsuit in the case of accused pedophile pediatrician Earl Bradley.
New Castle County Superior Court Judge Joseph R. Slights III approved class action status on April 6, according to the court. The judge's orders are sealed for now, leaving many details unclear.
The move will allow apparent victims to combine dozens of civil lawsuits against Bradley, former employer Beebe Medical Center and three doctors accused of failing to report suspicions of misconduct: James P. Marvel, Carol A. Tavani and Lowell F. Scott Jr.
Bruce Hudson, an attorney representing the victims, said in an interview last May class action status would require attorneys to contact up to 7,000 former patients.
Hudson, could not be reached on Tuesday, initially said class action status may benefit both sides. The attorney said the courts could set up a compensation system for former patients.
Bradley once worked at Beebe as chief of pediatrics though it does not appear any abuse took place at the hospital.
"We believe the class action approach is an orderly way to move forward," Beebe Vice President Wallace Hudson said in a statement. "We also said from the beginning that the children and their families must have our highest priority."
Hudson would not say how much the hospital's insurance may cover or what the latest move means for the facility's future.
Last summer, Beebe said credit agencies lowered the hospital's credit rating in response to lawsuits.
Law offices in Georgetown said at least 80 civil lawsuits have been filed in the case.
Jury selection for Bradley's criminal trial is set to begin in June in New Castle County.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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