Herman Law Files Class Action Ahead of Maryland CVA Cap Reduction, Aiming to Protect Survivors’ Rights to Full Compensation

Just days before a major legal deadline that limits how much survivors of child sexual abuse can recover in civil court, Herman Law filed a class action lawsuit against the State of Maryland, the Department of Juvenile Services, and the Department of Health. Filed on May 30, 2025, this lawsuit represents survivors who were sexually abused as children while in the custody of Maryland’s juvenile detention system.

The class action seeks justice for survivors who were confined to state-run juvenile facilities where they endured sexual abuse by staff members—abuse that, the lawsuit alleges, the state ignored or allowed to persist for decades.

Why the Timing Matters: CVA Damages Cap Change

Under Maryland’s Child Victims Act (CVA), which went into effect in 2023, survivors of childhood sexual abuse can bring civil lawsuits regardless of when the abuse occurred. However, an important amendment to that law went into effect on June 1, 2025, significantly reducing the amount of compensation survivors can recover in lawsuits against public entities like the State of Maryland.

New Damages Caps Under the CVA:

Maryland has limited the amount of compensation a Plaintiff can recover in a sexual abuse claim, regardless of the details of the case. The maximum amount that a Plaintiff may recover for a child sex abuse claim is referred to as a “damages cap.”

• For claims against public entities (e.g., state agencies, school boards):
  • $890,000 cap if filed on or before May 31, 2025
  • $400,000 cap if filed on or after June 1, 2025
• For claims against private institutions (e.g., churches, civic organizations):
  • $1.5 million cap if filed on or before May 31, 2025
  • $700,000 cap if filed on or after June 1, 2025

By filing this class action before the new caps took effect, Herman Law is attempting to preserve survivors’ rights to seek compensation under the previous law for higher damages caps. While the class certification is not guaranteed, the legal strategy is aimed at maintaining the strongest possible position for survivors.

A History of Abuse and Inaction

The complaint outlines a harrowing history of abuse within multiple juvenile facilities, including:

• Alfred D. Noyes Children’s Center
• Backbone Mountain Youth Center
• Baltimore City Juvenile Justice Center
• Charles H. Hickey Jr. School
• Cheltenham Youth Detention Center
• Montrose Juvenile Hall
• Thomas J.S. Waxter Children’s Center

Survivors report a range of sexual abuse often carried out by staff members with a history of misconduct. Despite investigations, internal reports, and public outrage dating back decades, the state failed to take action to protect the children in its care.

You May Be Eligible to Join this Class Action

This lawsuit is not just about money. It’s about justice, healing, and ensuring no child is ever again subjected to this kind of systemic failure. We filed this case swiftly in an attempt to protect survivors’ rights before the CVA cap change.

If you were sexually abused in a Maryland juvenile detention facility, you may still be eligible to join this class action lawsuit.

Call our team at Herman Law for a Free Confidential Case Review. Let us help you take the first step toward justice and healing.