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April 16, 2010     Cape Gazette
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April 16, 2010

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/ Al:Ctmmti NmS &apos;FRIDAY, APRIL16 - MONDAY, APRtL 19, 2010 J Number of Earl Bradley civil suitsclimbs t o nearly 40 Beebe, three does named in cases  nr L-q As the criminal case against accused child abuser Dr. Earl Bradley slowly moves toward a trial, civil suits against the Lewes pediatrician continue to mount. Nearly 40 lawsuits have been brought against Bradley - who has been charged with more than 400 counts of rape and exploita- tion involving 103 children - Fad Bradley in New Castle and Sussex County Superior Court, with more possibly on the way. Leading the parade of lawsuits are attorneys Bruce Hudson, Ben Castle and Craig Karsnitz with 35 suits among them. Lewes attor- ney Chase Brockstedt and Re- hoboth Beach lawyer Michael Carr have each filed separate suits. Cart was not available to provide the exact number of suits he has filed. The suits reviewed to date are similar. Bradley, along with Beebe Medical Center, the Med- ical Society of Delaware and doc- tors James Marvel, Carol Tavani and Lowell Scott have been named as defendantx With some exceptions, the suits all allege that Beebe, the doctors and the medical society failed to report information they had about sexual abuse by Bradley. Brockstedt's suit differs, as it alleges that had Beebe not referred a victim to Bradley, the child would have never been sex- ually abuse& Speaking about his clients, Kanmitz said, "We're doing what we can to hold those responmle for not monitoring Bradley they way he should have been." Hudson said the doctors w named in his clients' suits cause Bradley's sister had c tacted Tavani. Doctors Mar and Scott also discussed the c with Bradley's sister but did report Bradley's conduct, H son said, All three doctors ha legal obligation to report, he s "Bradley's sister went to gl efforts to make sure that his stabty, his emotional and m tal incompetence and the risk posec[mhis patien .was.rel ed to the correct people," H son said. He said Bradley's sister rel ed her brother's conduct fi years ago, but no follow-up v done. "She was very concern about Dr. Bradley's own instah ty. It's a brother she loved a was concerned about. She col see the deterioration in his en tional and mental state," Hucb said. "Tragically, nothing v done. The board was never o tatted by the state medical so< ty. As a result, if they had ix contacted, all these children were molested and abused af that could have been spared." The doctors have all refused comment while the litigatior pendin Beebe has also declir to comment. The initial wave of suits c after victims were identifi, through video recordin Bradley made of himself mole ing children. Hudson said n recent suits have come after 1 ents have been shown headsh of the children for identificatic Vhen they get over the init shock and mnnbness, they usu ly contact us for information make an informed decision h to go forward," Hudson said. tmmrttkm AU the suits med seek punifi damages and pretrial and posU al judgmen How they will paid is another matteL In Jar ary, the Attorney General's rice essentially froze Bradle] ,4. i ere 3e- )n- vel not ld- da id. mt in- ,no he rt- ld- rt- ve ras , nd lid lO- on 'as m- assets. "Well that's a bridge we: ie- cross when we get there, but pre- en sumab!y, all of these entities all ho are covered by insurance poli- Ier cies," said Castle. He said each of the defendants would be covered to by various insurance policies, is such as medical malpractice in- surance. Vhat we would primarily like to see is all these children prot ae .d erly compensated for what gs they've been through7 said t- Karsnitz. Also at issue is who re will be representing Bradley in ,r- the civil case While Bradley is s being represented by the Public Defender's Office for his crimi- k d hal case, Hudson said they have b yet to fred out who will represent o Bradleyin civilcourt. arrange a with attorneys for both side work out how the process move forward. Hudson said how quk things move forward depend whether attorneys reach a se ment in any of the cases. If fl is no settlement, all suits hav quested a civil jury trial q can't imagine any of the tors or the hospital or any ot insurance companies re wauting to try this kind of a just because of the outrage fa But if we have to go all the w trial, then we are probably h ing at least two years," Huc said. Karsnitz added, Ie erim proceedings will probably h "No attorney has entered for- to be completed before we mally7 Castle said. He said in get towhe  ,tO: typical medical racti eas- noother reas0nith:[:  es, it is generally the ce suspect that-if we tried tO ta] carrier that hires defense coun- deposition of Bradley before re seL f Castle said the next step in civ- "s il litigation is for the judge to criminal proceedings are solved, he'll invoke his Fi Amendment right to not ans our questions. " The legal process will al prolonged, Hudson said, beca there are so many attorneys, de- fendams and plaintiffs involved in the suits. Both sides could reach a settle- kly ment, which Castle said would on be done on a case-by-case basis. fie- He said settlement could come ere days, even hours before a sched- re- uled jury trial. "In order for a settlement to be [Oc- successful, there has to be some- the thing in it for both sides," Hud- illy son said. "Both sides use what ase, they think a jury might come .o: backwith" to The benefits of a settlement ok- are that it resolves the suit and n saves the expense of going to tri- aL hal The burden of proof in a ave Delaware civil trial is more likely :an than not, Castle said, Hudson For addedthat DdaWis one ofon- Md i lyflm. es that have al2-per - a son civil lury that must come his back with a unanimous verdict. re- "For plaintiffs it is a very high fth bar, in terms of what is required," ver he said. Bradley is awaiting trial at be ]ames T. Vaughn Correctional use Centerin Smyrna. Deweyb dget" " " I000 pl u ...... staff m'ses and $151 sur Town funds stronger and feed itself on some of e oversee fle2ownLscoffeSy  get ef]anaddfional$89,000. ,, themneodosn.,or?ents,:ad things we starved it ,.f last te argued , ,.vloyee d...,,ted t,, Town ,,ffidals will also eew ,.,,mmiooi ............ vAo,.d marketing effort he said. seeking out grants would save eUorts to coUect parking f00es. and d00ppointed by the cut. Council unanimously ap the town money on expensive in- Committee member Don Zieler identClaireWalshsaidmuitime- Rob Kutmig proved the budget, but empk frastructure projects such as Ba- said Dewey issued more tan dia marketing is very important e $600,000 in fmes last year, ut conected only $399,000. 1 After a year of stringent belt- tightening, Dewey Beach em- ployees will start seeing bigger paychecks. The budget for fLscal year 2010-1L passed at the Satur- ! day, April 10 town coundl meet- iing,  a 45 percent pay in- :,crease for employees and proj- i ects a $15L000 surplus. Commissioner Marc Appel- baum said he recognized the need to reinvest money in the town. "We need to let the town grow ees won't see the money until t town revises its compensatc time policy. Once the new poti clears council, the raise will applied retroactively, o Appelbaum, Towng Diana Smith and the biidget a finance committee devote large chunk of Friday, April 9 reviewing the budget line-h line, cutting where they cou and haggling over programs m expenses. AppeIbaum and Smi crossed swords on the allotme of $37,000 to create a position f a full-time financial officer yard Avenue. Appelbaum yield- ry ed. , "We're spending money in hopes of making money," he said, The town is also looking to re- .,r e0ver revenue it might have lost ! last year. A new accommoda- a tions tax on rental properties co broughrDewey $225,000 last year, but Appelbaum said im- proving collection policies could ! increase that number h "We leR a lot of money on the at table," he said. Anticipating a r concentrated effort to capture :o tax revenue, the committee bud- While Dewey hedged its lets on transfer tax income, comi't- tee members expect to recive $10,000 in revenue from the alc- tion of 15 condominium unit at Delano and Rainbow Cove. I ast year, the auction of condom mi- ums at Marina Suites g;tve Dewey's transfer tax revenue a welcome boost. As the committee honed dcwn its expenses, $6,000was cut fi )m the $18,000 proposed for ma et- ing Dewey. When council let in snaring new visitors. Filling out the marketing budget would allow Dewey to implement some of the family-fi-iendly programs proposed by the town's market- ing committee, she said. Commissioner Diane Hanson agreed. "We have to invest mon- ey to make money7 she said. When commissioners passed the budget, the surplus was $10,000 slimmer; but the market- ing fund was bolstered - a change Appelbaum said he could live with. "I'm not happy," he said, "but I'm content."