Trial Magazine

When Doe was 5 years old, she was placed in a foster home. During her foster mother’s hospitalization, Doe was allegedly raped by a neighbor. She was evaluated and recommended for psychiatric treatment but never received it. She then lived at other foster homes and allegedly continued to be raped and sexually abused. By age 14, she was rescued by a member of the clergy. Despite this, Doe had multiple suicide attempts and experienced PTSD and depression.

Doe sued the New Jersey Department of Children and Families and the New Jersey Division of Child Protection and Permanency, alleging gross negligence. The plaintiff asserted that the defendants had failed to supervise her and failed to provide her with court-ordered psychotherapy, which would have ensured her safety and prevented her revictimization. Additionally, the plaintiff alleged that her various foster parents should have been told about her history.

The jury awarded $25 million, apportioning fault at 99% to the defendants and 1% to four alleged perpetrators.

Citation: Doe v. N.J. Dep’t of Children & Fams., No. MID-L-8424-19 (N.J. Super. Ct. Middlesex Cnty. Mar. 12, 2024).

Plaintiff counsel: AAJ member Vincent T. Nappo, Seattle; and AAJ member Matthew G. Bonanno, New Brunswick, N.J.