None (effective 7/15/92) |
Sheehan v. Oblates of St. Francis de Sales, 15 A.3d 1247 (Del. 2011) http://sol-reform.com/sheehan.pdf
Delaware’s 2007-2009 SOL Window
The Delaware Window (Source: http://writ.news.findlaw.com/hamilton/20101230.html)
Delaware enacted SOL “window” legislation for child-sex-abuse claims against medical providers. The new law arose in response to revelations about the formerly beloved pediatrician Dr. Earl Bradley, who is alleged to have abused at least 100 children as part of his practice. When the news surfaced about Bradley’s alleged abuse of his patients, it became clear that many of the victims were going to be forestalled from suing by the statutes of limitations. Previously, in 2007, Delaware had enacted its Child Victims Act (CVA), which (1) eliminated the SOL for civil child-sex-abuse cases, and (2) created a two-year window during which civil child-sex-abuse cases on which the SOL had already expired could still be brought in court. The cases that were brought during that SOL window are now moving through the Delaware courts. The CVA did not cover health care providers, as it turned out, and so Delaware enacted this new window for health care providers. Delaware remains the leader in the country for the protection of child sex abuse victims.
Leading Cases
No pending bills at this time. View SOL Snapshot
2013-10-10 – Waterhouse – (Del. Super. October 10, 2013 ) (sex abuse not time barred actionable post CVA)
/in Cases, Cases (DE) /by SOL Reformsex abuse not time barred actionable post CVA