Doe 1 et al v. Xytex Corporation et al

Filing 99

ORDER DENYING MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM AND TO APPROVE SETTLEMENT by Judge Alsup denying 92 Motion ; denying 93 Motion. (whalc1, COURT STAFF) (Filed on 10/18/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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No. C 16-02935 WHA

JANE DOE 1 and JANE DOE 2,
Plaintiffs,
v.

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XYTEX CORPORATION, and XYTEX
CRYO INTERNATIONAL LTD.,

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ORDER DENYING MOTION
FOR APPOINTMENT OF
GUARDIAN AD LITEM AND TO
APPROVE SETTLEMENT

Defendants.
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Plaintiff Jane Doe One, seeks appointment as guardian ad litem of her eleven-year-old

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biological child, Baby Doe, a non-party, and approval of a settlement on Baby Doe’s behalf. As

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stated on the record, this Court does not have personal jurisdiction over Baby Doe (who is not a

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party), and therefore cannot approve a settlement on her behalf. On this basis, the motion is

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DENIED.

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This order further notes, however, that the settlement proposed here — which forecloses

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to the minor any future legal remedies against Xytex in exchange for a small lump sum payment

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— is troubling (see Dkt. No. 97-3). In support of this compromise, plaintiffs have submitted a

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declaration from a psychologist stating that offspring of one schizophrenic parent has only a ten

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percent chance of developing schizophrenia (Dkt. No. 97-8 ¶ 3). They have further declared

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that Baby Doe yet shows no signs of schizophrenia, and therefore a $50,000 settlement (of

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which Baby Doe will only receive $30,000 after deduction of attorney’s fees) is fair and

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reasonable (Dkt. No. 97-3 at 8). These declarations do not supply any information about what

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age the symptoms of schizophrenia typically begin to manifest, or what lifelong costs of
treatment would run. Instead, plaintiffs reason that because they cannot currently show that it is

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more probable than not Baby Doe will develop an injury, the relatively low settlement amount

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is fair (ibid.).

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Should Baby Doe develop schizophrenia, or any other undisclosed medical condition for

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that matter, she should be permitted to seek compensation at that time. Compromising her

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future potential rights for a relatively insignificant sum could result in serious harm. Were this

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proposed compromise properly before this Court, it would be inclined to deny approval.

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IT IS SO ORDERED.

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Dated: October 18, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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