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Delegate Wilson seeks liability cap, mandatory dispute process in Child Victims Act amendments

2783677 · March 26, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

An Annapolis hearing on March 26 drew standing-room testimony and sharply divided witnesses over House Bill 13-78, a proposal from Delegate Wilson that would alter how Maryland compensates survivors under the 2023 Child Victims Act (CVA).

An Annapolis hearing on March 26 drew standing-room testimony and sharply divided witnesses over House Bill 13-78, a proposal from Delegate Wilson that would alter how Maryland compensates survivors under the 2023 Child Victims Act (CVA).

Delegate Wilson, sponsor of the measure, told the House Judiciary Committee the bill is meant to address what he described as an unexpectedly large number of claims and an associated fiscal threat to the state. He said the amended bill keeps an $890,000 cap "per claimant" for suits filed on or before Sept. 30, 2025, but would lower recoveries for actions filed after Oct. 1, 2025, to the damages levels available under the Maryland Tort Claims Act. The revision also would create a mandated alternative dispute resolution (ADR) process for new claims and require public reporting of settlement payments while allowing victims to redact their names.

"This is not about the money," Delegate Wilson said in his testimony, describing the measure as an effort to preserve the state's fiscal ability to pay services while still providing survivors with an avenue to be heard. He added that reporting requirements are a first step toward understanding the fiscal scope and implementing any future minimum staffing or payout standards.

Why it matters

The change would alter remedies created by the 2023 Child Victims Act, a statute many witnesses described as a hard-won expansion of access to civil court for survivors of childhood sexual abuse. Plaintiffs' attorneys and survivorsadvocates warned that the proposed amendments would sharply cut recoveries for people who do not file claims before the Sept. 30 cutoff and could be subject to constitutional challenge…

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