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This Is Ed Karpuska, Age 10 By Susan Campbell Hartford Courant April 14, 2010 http://blogs.courant.com/susan_campbell/2010/04/this-is-ed-karpuska-age-10.html Ed was a patient of George Reardon, an endocrinologist from St. Francis Hospital and Medical Center in Hartford, who during a purported decades-long growth study abused hundreds of children. What follows is the text of House Bill 5473, which seeks to eliminate the statute of limitations on seeking redress after the sexual abuse, assault or exploitation of a minor: Section 1. Section 52-577d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any action pending on or brought on or after said date): (a) Notwithstanding the provisions of section 52-577 and except as provided in subsection (b) of this section, no action to recover damages for personal injury to a minor, including emotional distress, caused by sexual abuse, sexual exploitation or sexual assault may be brought by such person later than thirty years from the date such person attains the age of majority. (b) An action to recover damages for personal injury to a minor, including emotional distress, caused by sexual abuse, sexual exploitation or sexual assault may be brought by such person at any time if: (1) One or more other actions are brought by another person or persons within the limitation of time prescribed in subsection (a) of this section; (2) The complaint or initial pleading in the action (A) alleges sexual abuse, sexual exploitation or sexual assault that is substantially similar to that alleged in such other action or actions, (B) alleges that the sexual abuse, sexual exploitation or sexual assault was committed by the same person alleged to have committed the sexual abuse, sexual exploitation or sexual assault in such other action or actions, and (C) names the same defendant or defendants alleged to be liable to such person as named in such other action or actions; and (3) The attorney or party filing the action has made a reasonable inquiry as permitted by the circumstances to determine that there are grounds for a good faith belief that such person was sexually abused, sexually exploited or sexually assaulted as a minor. The complaint or initial pleading shall contain a certificate of the attorney or party filing the action that such reasonable inquiry gave rise to a good faith belief that grounds exist for an action against each named defendant. To show the existence of such good faith, the attorney or party filing the action shall identify in such certificate physical or documentary evidence of the sexual abuse, sexual exploitation or sexual assault and describe the connection between the person alleged to have committed such sexual abuse, sexual exploitation or sexual assault and any other defendant. The failure of the complaint or initial pleading to contain such a certificate shall be grounds for the granting of a motion to strike. Sec. 2. (NEW) (Effective from passage and applicable to any claim pending on or presented on or after said date) A claim against the state to recover damages for personal injury to a minor, including emotional distress, caused by sexual abuse, sexual exploitation or sexual assault committed by a state officer or employee may be presented to the Claims Commissioner in accordance with chapter 53 of the general statutes. Notwithstanding the provisions of section 4-148 of the general statutes concerning the limitation of time on the presentation of a claim to the Claims Commissioner, such claim may be presented to the Claims Commissioner subject to the limitation of time and requirements set forth in section 52-577d of the general statutes, as amended by this act. |
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