BUFFALO, N.Y. — Survivors of sex abuse who have filed lawsuits against schools or parishes in the Buffalo Catholic Diocese will have to wait a little longer to find out if their cases can move forward during the Diocese's bankruptcy process.
On Tuesday, Chief Judge Carl Bucki said he would defer his decision on that matter until either April 15, 2024, or 20 days after the U.S. Supreme Court issues its ruling regarding Purdue Pharma, whichever comes earlier.
In an order dated Jan. 9, 2024, Judge Bucki indicated that the Purdue Pharma decision could have implications for the Diocese of Buffalo's bankruptcy and other cases.
"So it's another three-month delay for the survivors who wanted to get going and have their day in court. That's a bit of a frustration, but it's not another year-long delay," said attorney Steve Boyd, who represents victims of diocesan sexual abuse.
At question is a settlement agreed to by Purdue Pharma, the maker of Oxycontin, the former owner, the Sackler family, and the U.S. Justice Department, which has shielded the Sacklers from civil liability. In exchange, the family gave up ownership of the drug company and created a fund to fight the opioid crisis.
That same type of agreement has been used in other diocesan bankruptcy cases and the Diocese of Buffalo has been headed in that direction.
The company or the Diocese, in this case, would settle, and the family members so to speak, the parishes and schools that are named in dozens of civil lawsuits would be released from liability.
The Supreme Court justices heard oral arguments on the case in December and will decide whether the shield provided by bankruptcy also extends to the Sacklers, who beyond their company, haven't personally filed.
"We know the Supreme Court will issue a decision before June we hope it doesn't take that long and we have no idea what the decision will be really. What this decision has to do is there can be a release of those parishes, schools, and other entities without consent of the person who sued," Boyd said.
In the case of the Diocese of Buffalo, that consent would come from sex abuse survivors, some of whom have waited over four years for their day in court Boyd said.
Chief Judge Bucki added in his order that all parties should continue mediation and continue working towards a settlement.
On Thursday, the Diocese moved to hire Hanna Commercial Real Estate to market certain Diocesan properties to fund it.