Hernandez v. Sutter Medical Center of Santa Rosa et al

Filing 291

ORDER by Judge Laporte granting 288 Motion for Order Authorizing Compromise of Minor's Claim (edllc1, COURT STAFF) (Filed on 4/20/2010)

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Mathews Funk & Associates A Law Corp.

24012 Calle de la Plata Suite 320 Laguna Hills, California 92653 [phone] Fax [phone]
STANTON T. MATHEWS, Bar No. 99058 RONALD B. FUNK, Bar No. 185896 MARCIA E. DEPEW, Bar No. 239231 Attorneys for Plaintiff, Cruz Hernandez, A Minor

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

CRUZ HERNANDEZ, a minor, by and ) through his Guardian ad Litem, Alicia Telles- ) Hernandez, ) ) Plaintiff, ) ) vs. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ) ) ) )

CASE NO. 06-3350-SBA (EDL)

ORDER APPROVING SETTLEMENT ON BEHALF OF MINOR

Trial Date: May 20, 2009

On this 20th day of April, 2010, the above-referenced matter came on for hearing and approval by the Court as to the reasonableness of a settlement between the United States of America and Cruz Hernandez, a minor, United States Magistrate Judge Elizabeth D. Laporte presiding. Plaintiff Cruz Hernandez, a minor, appeared through his attorney of record Stanton T. Mathews, and through his surviving parent Alicia Telles-Hernandez, who is also Cruz Hernandez's Guardian Ad Litem. Defendant United States of America appeared through its attorney of record.

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ORDER APPROVING MINOR'S COMPROMISE

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The complete and precise terms and conditions of the settlement are set forth in the Stipulation For Compromise Settlement And Release Of Federal Tort Claims Act Claims Pursuant To 28 U.S.C. § 2677 (hereinafter "Stipulation"), attached as Exhibit "1." The Court has reviewed the Stipulation, taken testimony, and heard arguments in favor of this settlement. The Court is fully informed of the specifics of the full and final terms and conditions of the settlement, including the necessity of the approval by the Attorney General of the United States. The Court finds that the terms and conditions of this settlement, as set forth in the Stipulation, are fair, reasonable, and in the best interests of Cruz Hernandez, a minor. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Settlement, as set forth in Exhibit 1, is hereby approved. It is further Ordered that Alicia Hernandez, as parent and Guardian Ad Litem for Cruz Hernandez, a minor, and Stanton T. Mathews, counsel of record for plaintiffs, are authorized and required to sign the Stipulation and any other documents that are necessary to consummate this settlement. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the settlement amount of $3.5 million dollars ($3,500,000.00) (hereinafter "Settlement Amount") shall be distributed according to the terms and conditions of the Stipulation. With respect to the settlement check that will be made payable to the named plaintiffs pursuant to Paragraph 3.a.5. of the Stipulation, the Court hereby Orders the plaintiff CRUZ HERNANDEZ, a minor, by and through his Guardian ad Litem, Alicia Telles-Hernandez to endorse that check over to plaintiffs' attorney to be deposited into the attorney's client trust account to be used to pay the attorney's fees, costs, and expenses herein approved and to pay any lien or claim for reimbursement pursuant to Paragraphs 3.b.ii, 3.c, and 3.d of the Stipulation. Further, pursuant to Paragraph 3.b.i. this Court orders the establishment of a Special Needs Trust, pursuant to California Probate Code §§ 3600 et. seq. for the benefit of the minor to be filed in Sonoma County Superior Court or such state court as the minor resides at the time of this order. The remainder of the Settlement Amount shall be placed in the Special Needs Trust for Plaintiff's ongoing benefit. Nothing in this Order modifies the terms of the Stipulation or alters the parties' obligations under the Stipulation.
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ORDER APPROVING MINOR'S COMPROMISE

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1 The firm will retain $10,000.00 to satisfy any additional expenses which have not yet been billed and upon satisfaction of all outstanding costs and expenses, the balance will be paid to plaintiffs.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that attorney's fees in this action shall not exceed twenty-five percent (25%) of the Settlement amount and shall be paid as provided pursuant to Paragraph 3.c. of the Stipulation in the amount of $889,999.50. The Court finds that the costs and expenses associated with the litigation are $ 47,843.00 and that such costs and expenses are fair, reasonable, and necessary.1 It is hereby Ordered that attorney fees and costs and expenses are approved and are to be paid as provided pursuant to Paragraph 3.c. of the Stipulation. The Court finds that plaintiff is legally responsible for any and all past, present, and future liens or claims for payment or reimbursement, including any liens or claims for payment or reimbursement by Medicaid, Medicare, or healthcare providers. The Court hereby Orders plaintiff CRUZ HERNANDEZ, a minor, by and through his Guardian ad Litem, Alicia TellesHernandez, by and through his attorney, to satisfy or resolve any and all such past, present, and future liens or claims for payment or reimbursement asserted by any individual or entity, including Medicaid and Medicare as provided pursuant to Paragraph 3.d. of the Stipulation. The Court further Orders that plaintiff CRUZ HERNANDEZ, a minor, by and through his Guardian ad Litem, Alicia Telles-Hernandez and his attorney shall provide to the United States the information required by the Stipulation regarding the satisfaction or resolution of such liens or claims for payment or reimbursement within the time specified in Paragraph 3.d. of said Stipulation. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that plaintiff, upon final execution of the Stipulation and upon receiving notice from the United States Attorney's Office for the Northern District of California that it has received the check for the amount of the 3.5 million dollars ($3,500,000.00) as set forth in Paragraph 3.a.5. of the Stipulation, shall cause their attorney to file with the United States District Court for the Northern District of California a dismissal of this action in its entirety with prejudice, with each party bearing its own costs, expenses, and fees. Upon the filing of such dismissal, the United States Attorney for the

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ORDER APPROVING MINOR'S COMPROMISE

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Northern District of California shall transmit to plaintiff's attorney said check. Subject to the terms and conditions set forth in Paragraph 3.d. of the Stipulation, plaintiff's attorney shall distribute the Settlement Amount to the plaintiff after paying or resolving any lien or claim for reimbursement or payment for which plaintiff has agreed to be legally responsible under the terms of the Stipulation. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court shall not retain jurisdiction over the action against the United States or the settlement as provided pursuant to Paragraph 5.h. of the stipulation.

IT IS SO ORDERED.

DATED:

April 20, 2010

______________________________ ELIZABETH D. LAPORTE UNITED STATES MAGISTRATE JUDGE

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