Va. Tech Victims' Fund Unlikely
State Considering Other Compensation

By Tim Craig
Washington Post Staff Writer
Thursday, December 20, 2007

RICHMOND, Dec. 19 -- Gov. Timothy M. Kaine said Wednesday that it is unlikely that the state will create a fund to compensate the families of those killed in the Virginia Tech massacre, but that officials are still seeking ways to address the victims' needs.

Speaking to reporters, Kaine (D) said he would prefer that Virginia consider a possible settlement with the injured or the families of those killed on a case-by-case basis.

"Different families are in different places in terms of what they think is appropriate, so it is too early to talk about where it may go," Kaine said.

Kaine said Attorney General Robert F. McDonnell (R) and his staff have begun "preliminary discussions" with some of the families who have announced that they are considering suing the state for negligence.

McDonnell declined to comment. State officials familiar with the talks emphasized Wednesday night that the talks are designed to create a framework that will allow more in-depth discussions later. The officials said they are hopeful they can head off lawsuits by developing an open dialogue with the victims and their families.

Some legislators question whether the creation of a fund could set a bad precedent. Kaine did not include money for such a fund in the 2008-2010 budget he unveiled Monday.

Kaine said he would prefer that the General Assembly stay away from the idea of a fund unless the attorney general's office says otherwise.

"Rather than try to do things piecemeal, I think it would be best to let the discussions take place," Kaine said.

Any settlement or payout from the state would be in addition to the $8.5 million in private donations that Virginia Tech distributed to the victims and their families this fall.

The families of the 32 people killed in the April 16 rampage by student gunman Seung Hui Cho of Fairfax County received payments of $208,000, unless they wanted a portion of the money to be used for a memorial scholarship. The injured received from $40,000 to $90,000.

On Wednesday, President Bush signed legislation that exempts the money from federal taxes. Kaine, who attended the bill signing at the White House, said he expects the General Assembly to pass a similar measure that would eliminate state taxes.

Discussions over appropriate compensation for families of victims are likely to continue because state officials are bracing for lawsuits.

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."