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Va. Tech Victims' Fund Unlikely
President Bush signs the Prevent Taxation of Payments to Virginia Tech Victims and Families Act, which exempts the money from federal taxes. From left, Sen. John Warner (R), Rep. Thomas M. Davis III (R), Rep. Robert Goodlatte (R), Blacksburg Mayor Ron Rordam and Gov. Tim Kaine, who expects the General Assembly to pass a similar measure.
(By Ron Edmonds -- Associated Press)
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About two dozen victims retained a Washington law firm that specializes in high-profile wrongful death cases. They filed a claim against the state's insurance policy in October, the first step in possible legal action.
The claim, sent by the firm of Bode & Greiner, alleges that Virginia Tech failed to respond to Cho's mental disorder soon enough, didn't lock down the campus in a timely manner the day of the shooting and failed to have an effective emergency response plan.
During the summer, Kaine and some lawmakers started exploring whether Virginia should create a compensation fund to pay the victims in exchange for giving up their right to sue.
Some state legislators suggested that the fund be patterned after the Sept. 11 Victims Compensation Fund, which Congress created to shield the airline industry from lawsuits. The families of those killed Sept. 11, 2001, collected awards averaging $2 million. Payouts for the injured ranged from $11,000 to $104,000.
Del. David A. Nutter (R-Montgomery), one of the early proponents of a compensation fund, said he doubts legislators will consider the idea. House Speaker William J. Howell (R-Stafford) is also opposed, according to GOP sources.
"The idea of a big fund was kind of a trial balloon and not many people saluted it," Nutter said.
Kaine cautioned that Virginia might still have to find additional money to take care of the victim's needs.
"A number of the families have indicated to us intention to file a lawsuit or lawsuits, and the state is involved in the settlement of lawsuits all the time," Kaine said. "So certainly, in that realm, settlement of potential litigation is something very common for the state to engage in."
