Chicago Medical Malpractice Lawyer Blog

Today Hurley McKenna & Mertz filed suit in the Circuit Court of Winnebago County against Charles Bickerstaff, The Boy Scouts of America and the Blackhawk Council of the Boy Scouts of America. Charles Bickerstaff is a 57 man that served as an executive for the Boy Scouts of America for 33 years before he retired. He served at Boy Scout offices in Minnesota; Kansas City, Missouri; Heidelberg, Germany; and Rockford, Illinois over the course of his career.

Bickerstaff is now in the Lee County jail on multiple charges for criminal sexual assault on two minors aged 13 and 16. His bond is set at $4 million. The charges against Bickerstaff date back to 1998. Local police have located diaries in Bickerstaff's possession that discuss his compulsions to sexually abuse children and identify many other victims.

Bickerstaff met our client through his work with the Boy Scouts of America and used his position as an executive with the Blackhawk Area Council to gain the trust of the boy's family.

Our suit alleges that the Boy Scouts of America failed to adequately check Bickerstaff's background and failed to adequately follow up on allegations of misconduct by Bickerstaff while he was working in the Boy Scout organization.

Our office has access to thousands of files which the Boy Scouts of America created over many years and which document the fact that pedophiles are attracted to scouting. In fact, in 2005 the Director of the Boy Scouts of America Youth Protection Task Force was convicted for trafficking in child pornography.

The purpose of the suit we filed today is to bring this issue into the light of day. We know that pedophiles are not stopped until someone stops them. We are proud to be working with a young man with the courage to try to make sure this stops with him.

How can this be avoided in the future? We suggest the following as a start:

1.) Rather than hiding this problem make it public. Make sure parents understand the extent and the history of the problem so they can help protect their own children.

2.) Require thorough background checks on all people associated with scouting including volunteers and employees.

3.) Aggressively follow up on complaints or accusations of misconduct by anyone associated with scouting.

4.) Enforce the rule that no scouts should be alone with unrelated adults at any time. There should be zero tolerance for violations of this rule. Create an environment where pedophiles cannot operate. If pedophiles are denied access to scouts they will not be attracted to scouting.

5.) Use the thousands of files in the possession of the Boy Scouts of America which document the deviant behavior of people thrown out of scouting and develop a profile of the typical pedophile attracted to scouting. Use this information to educate leaders and parents so no more kids are victimized.

6.) Create an environment where abused children are not afraid to tell the truth. These children need help from professionals. They should not be made to feel shame but should be thanked for their courage in coming forward.

Today Chicago law firm Hurley McKenna & Mertz, filed suit against Charles Bickerstaff and the Boy Scouts of America and the Black Hawk Area Council of the Boy Scouts of America for civil damages arising out of the sexual abuse of their minor client while Bickerstaff was the Senior District Executive for the Black hawk Area Council in Rockford, Illinois. A copy of the filed complaint can be referenced below:

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This story from Idaho provides an excellent example of why there should be no statute of limitations for sex abuse cases. Children fear telling the story and as in this case in Idaho when the story does get told there are forces in the community that lash out at the victims. As trial lawyers we are not afraid to do the fighting so that the victims can receive justice.

Whispers in the courthouse about "missing cases" and a clandestine meeting at midnight started rookie reporter Peter Zuckerman of the Idaho Falls Post Register on an investigation that would lead him to expose the extraordinary story of a pedophile working within the local Boy Scouts, and a brave young scout who had the courage to speak up and stop him. What was hidden from the public -- concealed within those court records -- was the story of a Boy Scout leader named Brad Stowell, convicted in 1997 of molesting two children, who had admitted under oath in a court deposition in 1999 to molesting about two dozen children beginning as far back as 1988. Zuckerman, along with executive editor Dean Miller, fought successfully to unseal court records and then tracked down victims of abuse to reveal that Boy Scout leadership and at least one official in the Mormon Church -- which sponsors most of the Boy Scout Troops in Eastern Idaho -- missed opportunities to stop Stowell from working in close proximity to children.

The Post Register published the "Scouts' Honor" series in early 2005, and the paper immediately came under fire from some in the community. The fallout of the stories ended up being far more dramatic than anyone had anticipated. A prominent local company took out full-page ads in the paper challenging the reporting and claiming, "the Post Register's real intent was to smear the Scout's good name and take away what the Scouts value most, their honor." Additional victims came forward to tell their stories of abuse. And one father, motivated by his sons' accounts of abuse, dedicated himself full-time to changing Idaho's statue of limitations in cases involving the sexual abuse of minors.

Read the original 6-part "Scouts' Honor" series published in late February/early March 2005 and subsequent reporting in the Idaho Falls Post Register.

This story from Idaho provides an excellent example of why there should be no statute of limitations for sex abuse cases. Children fear telling the story and as in this case in Idaho when the story does get told there are forces in the community that lash out at the victims. As trial lawyers we are not afraid to do the fighting so that the victims can receive justice.

Whispers in the courthouse about "missing cases" and a clandestine meeting at midnight started rookie reporter Peter Zuckerman of the Idaho Falls Post Register on an investigation that would lead him to expose the extraordinary story of a pedophile working within the local Boy Scouts, and a brave young scout who had the courage to speak up and stop him. What was hidden from the public -- concealed within those court records -- was the story of a Boy Scout leader named Brad Stowell, convicted in 1997 of molesting two children, who had admitted under oath in a court deposition in 1999 to molesting about two dozen children beginning as far back as 1988. Zuckerman, along with executive editor Dean Miller, fought successfully to unseal court records and then tracked down victims of abuse to reveal that Boy Scout leadership and at least one official in the Mormon Church -- which sponsors most of the Boy Scout Troops in Eastern Idaho -- missed opportunities to stop Stowell from working in close proximity to children.

The Post Register published the "Scouts' Honor" series in early 2005, and the paper immediately came under fire from some in the community. The fallout of the stories ended up being far more dramatic than anyone had anticipated. A prominent local company took out full-page ads in the paper challenging the reporting and claiming, "the Post Register's real intent was to smear the Scout's good name and take away what the Scouts value most, their honor." Additional victims came forward to tell their stories of abuse. And one father, motivated by his sons' accounts of abuse, dedicated himself full-time to changing Idaho's statue of limitations in cases involving the sexual abuse of minors.

Read the original 6-part "Scouts' Honor" series published in late February/early March 2005 and subsequent reporting in the Idaho Falls Post Register.

“A jury awarded $6.1 million Friday to a woman who said she was forced to strip in a McDonald's back office after someone called the restaurant posing as a police officer. Louise Ogborn, 21 years old, had sued McDonald's Corp., claiming the fast-food giant failed to warn her and other employees about the caller who already struck other McDonald's stores and other fast-food restaurants across the country. Ms. Ogborn had been seeking $200 million. McDonald's attorneys argued the company was not responsible and contended the company was being sued because of its deep pockets. ‘Louise has stood up for what happened to her and what McDonald's failed to do for three-and-a-half years, and this jury just vindicated her completely,’ said her attorney, Ann Oldfather. McDonald's is evaluating whether to appeal the decision.”

Associated Press, Wall Street Journal 10/5/07 (Subscription Only)
http://online.wsj.com/article/SB119160859182050360.html

Hurley McKenna & Mertz, P.C. has recently been retained to investigate allegations of sexual abuse of a boy scout by an employee of the Boy Scouts of America. Our research reveals that this problem may be more widespread than we previously thought. For example CBS News reports:

The previously private records show the Boy Scouts have ejected at least 5,100 adult leaders nationwide for sexual abuse allegations since 1946. And the files reveal that despite efforts to keep potential abusers from joining, the problems persist: In the past 15 years alone, the organization has kicked out leaders for such allegations at a rate of once every other day.

The 45 boxes of files are not public because of a strict court order that prohibits the Stewarts and their lawyers from disclosing specific cases. But a statistical summary of the files, provided by the Stewarts' attorneys, shows the problem is larger than previously known.

We are aggressively pursuing this matter for our client and if you or someone you know has information regarding sexual abuse of Boy Scouts or other innocent victims your information may be useful. Please contact Hurley McKenna & Mertz, P.C. at 312-553-4900.

As a Chicago Medical Malpractice lawyer for the last 25 years I have seen many sad and devastating injuries, but none more revolting than sexual abuse of the innocent and helpless. I have represented many victims of sexual abuse in nursing homes. Unfortunately some poorly run nursing homes provide the perfect environment for sexual predators. In nursing homes that are understaffed and poorly run sexual predators can move about freely without fear of discovery. Their victims are often unable to complain and when they do the Nursing Homes often act to protect the criminal and cover up the crime. We recently settled a particularly sad case for $3.75 million.

Opportunities for sexual predators can arise anytime there is an imbalance of power in a relationship. For example, we have handled many cases where psychologists or psychiatrists have improperly exploited their patient sexually. It is a gross misuse of power and control for a mental health worker to engage in sexual activity with a patient. These relationships lead to a lifetime of pain and recovery for the victims.

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