In 2023, the Maryland General Assembly passed the Maryland Child Victims Act of 2023 (“CVA”) to expand claimants’ ability to file and seek damages for alleged child sexual abuse cases, following the trend initiated by other states like New York and New Jersey.
The CVA was signed into law by Governor Wes Moore on April 11, 2023, and became effective October 1, 2023. The law removed the statute of limitation for claims of sexual abuse that occurred while the alleged victim was a minor. The CVA also placed high caps on non-economic damages from private defendants and monetary damages from public defendants.
The June 1, 2025 Amendment Drastically Reduces the Damages Cap
On April 22, 2025, Governor Moore signed an Amendment to the CVA that reduced damages for public and private defendants. The Amendment, which took effect on June 1, 2025, lowers the cap on noneconomic damages for CVA cases filed on or after June 1, 2025 in the following ways:
- A single, private defendant is now liable for a maximum of $700,000, rather than the previous cap of $1.5 million, in total noneconomic damages to a single claimant arising from child sexual abuse claim(s).
- Governmental liability is reduced under the Maryland Tort Claims Act and the Local Government Tort Claims Act. The total liability of state and local governments and governmental units, as well as county boards of education, has been reduced from $890,000 to $400,000 to a single claimant for any injuries arising from such claim(s).
The Amendment also changes the amount recoverable against a single defendant. References to an “incident or occurrence” of abuse is replaced by “claim or claims.” This means that claimants are barred from recovering more than the new damages cap from any single defendant, irrespective of whether the alleged abuse occurred in a single incident or over multiple instances.
Ultimately, the Amendment maintains, but reduces the disparity between, separate damages caps for claims against private parties versus those against public entities. The Amendment also attempts to ensure that the State retains the financial capacity to satisfy any damages awarded. In line with these objectives, the Amendment requires the Maryland Judiciary to make annual reports regarding CVA awards beginning on January 31, 2027. It is noteworthy that since the legislature intends to continue monitoring these cases, additional amendments may be forthcoming.
Baltimore City Imposes a Stay of All Child Victims Act Suits
Over 3,800 individuals filed lawsuits under Maryland’s CVA in April and May 2025 in advance of the effective date of the new damages cap. This influx of new CVA lawsuits puts a strain on the state court system in the manner experienced by other venues, such as New York City.
As a result, on June 2, 2025, the Circuit Court for Baltimore City became so overwhelmed with these claims—nearly 1,300 cases had been filed with the court—that it temporarily paused all CVA suits until further order. As of the date of this article, there has been no indication as to when this stay will be lifted. Nevertheless, the Administrative Order mandating the stay emphasized that the pause is temporary.
Meanwhile, opponents of the Amendment plan to challenge its constitutionality.
Looking Forward
What is certain about Maryland’s amendments to the CVA is that the cap on noneconomic damages will provide meaningful relief to defendants facing claims filed after June 1, 2025—particularly those who, due to reliance on the prior statute of limitations, no longer have insurance coverage, records, or witnesses to defend against decades-old allegations.
Damages recoverable from private and public entities have been reduced by more than half. Notably, the new cap applies on a per-claimant basis, regardless of whether the claimant asserts a single claim or multiple claims against a defendant.
In sum, private and public institutions may take more hits, but as a result of the Amendment, each will land with less force.
This blog will provide updates as they occur.
Taylor Justice, an Epstein Becker Green Summer Associate (not admitted to practice), contributed to the preparation of this article.
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