Rochester, New York — The story of Kevin Higley reflects the profound impact of unresolved trauma as he became one of many survivors pushing for justice against the Diocese of Rochester. Higley, who died in 2022, vowed to protect future victims of sexual abuse after coming forward with his own horrific experience as a child. His wife, Natalie, recalls their first meeting decades ago when he disclosed the abuse he suffered by a priest during his youth, an ordeal that haunted him throughout their years together.
The legal battle surrounding the diocese has become increasingly complicated since it declared bankruptcy in 2019, leaving over 550 alleged victims, including Higley, without compensation or a resolution for nearly six years. As the bankruptcy case drags on, it has not only delayed justice but has also seen the heartbreaking reality that some survivors, like Higley, are not living long enough to see their claims addressed.
Higley’s attorney, Anelga Doumanian, noted that out of 33 survivors the firm has represented, five have passed away while waiting for their claims to be resolved. “These people are victimized twice,” said Michael Shepard, a Boston lawyer representing asbestos victims facing similar delays. He criticized the bankruptcy system for allowing prolonged suffering while lawyers and other professionals continue to accrue substantial fees.
The delays have led advocates to argue that the structure of the modern bankruptcy system favors corporations over individuals seeking justice. In many instances, injured plaintiffs find themselves relegated to the status of creditors, often with little chance of receiving meaningful compensation. Over the years, claims have been stalled by corporate maneuvers that prioritize legal fees over payments to victims, leaving many feeling re-victimized.
The legal intricacies in Rochester mirror broader trends in bankruptcy courts across the country where survivors of various abuses, including sexual assault and fraud, often face insurmountable barriers to obtaining restitution. The harsh reality is multi-faceted; cases frequently stretch for years, leaving survivors to grapple with unresolved trauma as financial and legal hurdles loom large.
Throughout his life, Kevin Higley sought not just personal healing but a chance to ensure that others would not suffer as he did. After New York state introduced a law in 2019 allowing survivors to file historical abuse claims, he joined others in seeking accountability from the diocese. Yet, his hopes were swiftly dashed when the diocese filed for Chapter 11 bankruptcy, a move that effectively froze his lawsuit.
As legal proceedings continued, Higley faced his own health battles, including liver disease linked to heavy drinking. He passed away shortly after undergoing a liver transplant, and his widow recalls his distress about not being able to see the case through to its conclusion. “He felt very strongly about preventing future abuse,” Natalie said, reflecting on her husband’s commitment to the cause.
The Diocese of Rochester has acknowledged the pain caused to survivors during the prolonged legal process while asserting that ongoing negotiations with insurers and a creditors committee are part of the necessary path to resolution. However, with at least 554 abuse claims filed, the flow of compensation remains painfully slow, and many claimants are battling severe health issues as they await action.
Moreover, complicating the situation, legal representatives assert that some insurance companies involved are prolonging the bankruptcy process, with claims they could benefit from the passing of survivors before claims are paid. In a patriarchal system largely driven by corporate interests, victims like Higley often find their voices drowned out by the complexities of legal maneuvering.
While some bankruptcy cases can lead to substantial settlements, such as USA Gymnastics’ agreement of over $380 million for abuse claims, the stark realities faced by many survivors linger. As it stands, the road to justice is arduous, with the balance of power heavily skewed against individual victims.
Higley’s story, exemplifying the intersection of individual trauma and systemic delay, serves as a stark reminder of the urgent need for reform. The prolonged suffering of survivors in pursuit of justice stresses the long-reaching consequences of institutional abuse and the importance of ensuring that victims receive timely and fair treatment within the legal system.
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