How the settlement was divided among the victims:
Francis E. McGovern
““I explained that it was their money, not mine, at stake. I told them, ‘One of the goals is to have you work as a group together. You’ll be stronger in negotiations with the defendants that way and, at the end of the day, there’s no amount of money anybody can ever pay you for the trauma you’ve been through. But what you can do is walk away from the case feeling like you did the right thing in terms of dividing your money among yourselves.’” He went on to review with each group the various systems he has used in specific cases — all options open to them — ending with the point system model.
“You create a yardstick that assigns points for certain aspects of each person’s case. The total of assigned points becomes that person’s total number of points,” explains McGovern. “You add up all the points for every person, divide that total number of points into the amount of money [in the settlement pool], and that tells you what each point is worth.” The system he eventually devised attributed a set number of points for a wrongful death, for example, with more points added if the deceased left minor children or died after incurring medical expenses. Injuries of various kinds were similarly treated.
“We had a limited list of variables, all objective,” he says. “The goal was to develop a matrix that achieves ‘horizontal equity’ and ‘vertical equity.’ Horizontal equity means that everybody who had exactly the same injury gets exactly the same number of points. Vertical equity means that the more severe get more points than the less severe. The enterprise then shifts from dollars and cents to vertical and horizontal equity.””
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