Maryland Changed the Law -- Herman Law Changed the Game

With Maryland's new law slashing compensation limits, Herman Law's class action offers one of the last remaining paths to full justice for survivors.

BALTIMORE, July 21, 2025 /PRNewswire/ -- A recent change in Maryland law significantly reduced the compensation available to survivors of childhood sexual abuse, slashing the cap on claims against public entities from $890,000 to $400,000 and limiting attorney fees to 20 percent. These amendments to the Child Victims Act represent a major setback — particularly for those abused in state-run juvenile facilities who have not yet come forward. By cutting financial accountability, the state has created new barriers for survivors seeking justice through the civil system.

But a class action lawsuit filed by Herman Law just days before the law took effect could challenge the new cap. This class action may give survivors a critical chance to pursue full justice and a path to long-overdue accountability.

"This class action lawsuit is about protecting people who were abused, silenced and forgotten by a broken system," said Daniel Ellis, attorney at Herman Law. "We filed before the law changed so survivors may preserve their rights, but only if they come forward now." 

Filed on May 30, 2025, in Baltimore City Circuit Court, the lawsuit names the State of Maryland, the Department of Juvenile Services and the Department of Health as defendants. The class action represents survivors who were sexually abused by staff while detained in juvenile facilities, including the Charles H. Hickey Jr. School, Cheltenham Youth Facility, Alfred D. Noyes Children's Center, Backbone Mountain Youth Center, Baltimore City Juvenile Justice Center, Montrose Juvenile Hall, and Thomas J.S. Waxter Children's Center.

The court will decide later this year whether to certify the class. If approved, survivors who have joined the lawsuit may retain the original filing date and may avoid the new legal caps. If the class is denied, Herman Law will file individual claims for each client, still using that protected date to help survivors receive fair compensation that avoids the new legal caps.

"No one else has built this kind of legal safety net for Maryland survivors," Ellis said. "This strategy may give them a second chance. But if they don't act now, that chance could be gone for good." 

According to the complaint, Maryland's juvenile detention system has a long-documented history of abuse, systemic neglect and state inaction — including decades of reports and investigations met with little to no accountability. The lawsuit seeks damages, but also public recognition of the trauma endured and the failure of oversight that allowed it to continue.

Survivors interested in joining the class action are urged to contact Herman Law as soon as possible. Filing an individual claim before the class certification decision could disqualify them from participating and could limit compensation under the new law. To speak with a Herman Law attorney, visit HermanLaw.com/Maryland or contact the firm directly at (866) 850-4435.

About Herman Law
Herman Law is a nationally recognized law firm dedicated to representing victims of sexual abuse. Our experienced and compassionate team is committed to pursuing justice, holding institutions accountable and helping survivors heal by guiding them through civil litigation with compassion and integrity. For more information, visit HermanLaw.com.

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SOURCE Herman Law