Au Pair Faces Damages Ruling After Failing to Respond to Suit

BOSTON —  British au pair Louise Woodward failed to respond to a lawsuit filed by the parents of the baby she was convicted of killing, and a federal court automatically ruled against her Thursday, meaning a judge can determine how much she must pay in damages.

The default order is rare in federal cases. Woodward can challenge the order any time before U.S. District Judge William G. Young decides on damages, but her lawyer in England said she can’t afford to fight the wrongful death suit.

“Quite simply, she is not in a financial position to defend the action in America,” Peter Quinn said. “It’s not an admission of guilt. She maintains her innocence.”

By failing to reply to the June 16 suit, Woodward waived her right to a trial.

The suit filed by Sunil and Deborah Eappen, the parents of 8-month-old Matthew, also tries to bar the 20-year-old former au pair from profiting from her story.

Young issued an injunction last month that prohibited Woodward from profiting from the story until the suit is resolved, but it is unclear whether the order is enforceable in her native England.

Woodward has denied that she plans to sell her story.

Woodward returned to England last month after the state’s highest court upheld a manslaughter conviction and sentence of 279 days she had already served since her February 1997 arrest.

Her supporters have said her legal defense trust fund, which once reached about $500,000, dwindled to around $80,000 after paying for her appeal.

The Eappens hope to collect a seven-figure judgment in compensatory and punitive damages, said their attorney, Fredric Ellis. Legal experts said a damage award should be relatively easy to enforce in England.

“I would suppose it’s very likely that the British would enforce the judgment,” said Detlev Vagts, a professor of international law at Harvard University.

Young had not yet scheduled a hearing to determine damages, but the Eappens have asked for an Oct. 5 hearing.