Helping survivors of sexual assault in mass tort cases through the claims administration process in a compassionate way while protecting confidentiality is a cornerstone of Epiq’s commitment to the integrity of the judicial system.

“We have a passion for service and a compassion for people,” said Sylvius von Saucken, Managing Director of Epiq’s Mass Tort Solutions. “Through building a trauma-informed process, we can administer these highly sensitive matters in a way that best protects individuals.”

1. Securing confidentiality

When resolving health care liens in a sexual assault settlement process, an administrator must use extraordinary care to lock down access to sensitive information, such as plaintiff fact sheets, which are a key aspect of resolving such matters.

Epiq has a security paradigm that stores this confidential information in a highly protected environment in compliance with critical U.S. and international frameworks and regulations, including HIPAA, SOC 2 (SSAE18-SOC2), and FISMA.

Additionally, information is classified into categories among the administrator’s team. Epiq’s protocols limit access to plaintiff fact sheets to only one or two key individuals for the sole purpose of determining health care lien holdbacks, which in turn, helps move money faster without jeopardizing a survivor’s health insurance coverage.

Not only does this process keep the information as confidential as possible internally, but it also shields employees from the details described and limits access to only those professionals trained to handle such sensitive information.

“What happened, how it happened, when it happened, who you told, and when,” von Saucken said. “That is the critical information about these cases that must remain in the vault.” 

2. Establishing a communication framework

Communication is paramount when compassionately administering sexual assault settlements. One of the most important components is having a dedicated website with frequently asked questions about the litigation or settlement. This makes information easily accessible for survivors to get on their own without being directed by a law firm or Epiq. An experienced claims administrator understands what information to include so that it’s not a triggering experience.

“While operationalizing the terms of settlement is an administrator’s primary role, demonstrating compassion in any interaction with survivors and adhering to protocols to keep private information confidential affirms trust,” von Saucken said.

Epiq’s mass tort business also implements the practice of arranging for settlement checks to be distributed by survivors’ attorneys to reinforce the attorney-client relationship by eliminating another part of the process that typically would involve a third party. Where direct mailings are required, Epiq uses disguised mailings to ensure sensitive information remains confidential and works closely with law firms to establish counseling support services to further protect survivors, as appropriate. 

3. Lead with heart

If a case resolves as part of an aggregate settlement agreement – whether it’s the claims administration process, talking to a court-appointed neutral, or reviewing documents – Epiq understands how to balance the need for strict confidentiality while giving individuals a platform to tell their stories.

“When you talk to survivors, you’re not asking them to retraumatize themselves,” von Saucken said. “They know what happened and the implied agreement is that you’re there as part of a process to help them get through a very difficult time in their lives.”

Leading with heart is the most important best practice.

“You must ask yourself, ‘How would you want the experience to be if it was a beloved family member on the other end of the line?’” von Saucken said. “And that is a big part of showing you care.”