Va. Tech families agree to deal

[Van Canna]

RICHMOND, Va. - Most families of the Virginia Tech massacre victims have agreed in principle to accept an $11 million settlement in exchange for agreeing not to sue the state.

Tech families mull settlement offer
Settlement proposed to Va. Tech families
The families' decision to agree to a taxpayer-financed package of compensation, health benefits, and other assistance came less than a week before the one-year anniversary of the shooting by senior Seung Hui Cho, who killed 32 students and teachers and himself. State officials and the families had hoped to reach an agreement soon on a settlement to help put the case behind them and avoid a long, emotional court case.

But the state could still be vulnerable to lawsuits, lawyers and families said. Governor Timothy Kaine, a Democrat, said that "a substantial majority" of the families of the dead and 27 wounded agreed to the terms of the settlement. Others are undecided and considering their options.

Bill,

I had predicted something like this out of the shooting...but recall you disagreeing for some reasons.

What is your take on this?

http://tinyurl.com/62l5l9

[Bill Glasheen]

Van

As you probably know, it's very difficult to sue the State or the Federal Government.

The State made a pre-emptive move here. They came forward with a sum of money - a good faith gesture - to be distributed amongst the families in exchange for an agreement not to litigate. There was a little bit of quibbling involved, but the settlement was accepted.

The ambulance chasers missed their bus.

No fault was alleged anywhere in the process. A thorough review has the school pretty much handling things as they should have, given an inability of anyone properly to arm themselves while on the Tech campus. They faulted Tech for a delay of notification, but then it's not clear that notification of what was thought to be a personal dorm issue would have changed behavior in any substantive way. Nothing really could have been done differently that would have changed the outcome.

The major opportunities appeared to be in multiple aspects of the mental health system. In that regard, the governor just signed a sweeping piece of legislation that would make it easier to identify and detain people with Cho's types of issues. From April 9 news...

Governor signs Virginia Tech-inspired mental health reform bills

The purse was opened up much more generously in that regard.

- Bill

[Van Canna]

Bill,

I understand. But the claims professional in me goes 'skeptical' in such cases.

if I recall our conversation, it seems you felt that Virginians would be different in that area as compared with the rest.

Maybe so...but human nature is what is..especially in such horrendous cases.

As difficult as it might be in suing federal and state...if suit had been filed...there would have been lots of impleaders targeting third parties to diffuse the exposure.

And we look at intent...

Kaine and the Washington law firm of Bode and Grenier, which said it represented 21 families, declined to release details of the settlement, which still must be signed by the families.

But several people involved in the negotiations confirmed that the families of those killed would receive $100,000 and the wounded students and teachers would receive as much as $100,000, depending on the severity of their injuries.

The 21 families seeking representation by counsel speak of intent to blame someone for negligent and or egregious conduct.

It is the human condition.

[Bill Glasheen]

The 21 families seeking representation by counsel speak of intent to blame someone for negligent and or egregious conduct.

It is the human condition.

No doubt. They need that as grounds for a suit in the first place.

Here's the news we know. This is from AP, released about 8 hours ago.

Grenier and Fierberg said seriously injured victims "will be well compensated and have their health care needs taken care of forever," and that families who lost loved ones would be "similarly compensated and cared for."

***

It was not immediately clear whether the settlement differed from an earlier state proposal, the details of which were obtained last month by The Associated Press.

That proposal called for representatives of each of those killed to receive $100,000. A pool of $800,000 was set aside for the injured in the plan, with individuals eligible to receive up to $100,000 apiece. Families of those killed could seek additional money from a $1.75 million hardship fund, and other money was to be set aside for attorneys' fees and a fund for charities.

The settlement also would give the injured and victims' families a chance to meet with the governor and university officials several times to discuss the mass shootings and changes on campus since then.

Grenier and Fierberg said the settlement "will also result in the release of previously undisclosed facts and information turned up by our firm's investigation that will enable the public to better understand the events which caused this senseless tragedy."

By accepting the proposal, family members gave up the right to sue the state government, the school, the local governments serving Virginia Tech and the community services board that provides mental-health services in the area.

Also...

In October, the families and surviving victims received payments ranging from $11,500 to $208,000 from the Hokie Spirit Memorial Fund, set up in the days after the shootings to handle donations that poured into the school. That fund will remain open for contributions to scholarships for five years.

- Bill

[Bill Glasheen]

The one thing that's clear as the dust settles is that the mental health SYSTEM failed at multiple points in Cho's life. Most of the changes signed into law by Governor Kaine this week were designed to address those issues.

There were some real no-brainers in the list of proposals, such as seeing to it that a patient who is committed has his name immediately put on the background check list for firearm purchases.

- Bill

[Van Canna]

By accepting the proposal, family members gave up the right to sue the state government, the school, the local governments serving Virginia Tech and the community services board that provides mental-health services in the area.

This is what I was referring to from the beginning. The 'sue' thing...I knew it would be there for sure.

[Bill Glasheen]

The State executed a pre-emptive strike, my friend.

- Bill

[Van Canna]

Very smart State, Virginia