Sussex et al v. United States of America

Filing 60

ORDER Approving Settlement on Behalf of Minor re 59 Second Amended Motion for Approval of Settlement. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
B.A.S., a minor, by her Next Friend and
mother, Lauren Sussex, and
LAUREN SUSSEX, Individually,
Plaintiffs,

Civil No. 15-cv-10578
Hon. Mathew F. Leitman

vs.
UNITED STATES OF AMERICA,
Defendant.
________________________________________________________________/

ORDER APPROVING SETTLEMENT ON BEHALF OF MINOR
On this 12th day of December, 2018, 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 B.A.S., a minor, by and through Lauren
Sussex as Next Friend and Mother of B.A.S. Plaintiff, B.A.S., a minor, appeared
through her counsel of record and Lauren Sussex, as mother and next friend of
B.A.S. Plaintiff Lauren Sussex appeared in person and through her counsel of
record. Defendant United States of America appeared through its attorney of
record.

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 “A” and Plaintiffs’ 2nd Amended Motion for Approval of Settlement,
(Docket No. 59). 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
and Plaintiffs’ 2nd Amended Motion for Approval of Settlement, (Docket No. 59),
are fair, reasonable, and in the best interests of B.A.S, a minor child of Lauren
Sussex.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that
the settlement, as set forth in Exhibit A and Plaintiffs’ 2nd Amended Motion for
Approval of Settlement, (Docket No. 59), is hereby approved.
IT IS FURTHER ORDERED that Lauren Sussex, as the mother and next
friend of B.A.S., a minor, is authorized and required to sign the Stipulation and any
other documents that are necessary to consummate this settlement on behalf of
B.A.S, a minor, and to provide any information and documentation necessary to
complete the purchase of annuity contracts.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the
settlement amount of THREE MILLION NINE HUNDRED THOUSAND
DOLLARS ($3,900,000.00) (hereinafter “Settlement Amount”) shall be
distributed according to the terms and conditions of the Stipulation and Plaintiffs’
2nd Amended Motion for Approval of Settlement, (Docket No. 59).
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 in the Stipulation and Plaintiffs’
2nd Amended Motion for Approval of Settlement, (Docket No. 59). The Court finds
that the costs and expenses associated with the litigation are One Hundred Twenty
Thousand Two Hundred Forty Seven Dollars Forty-Seven Cents ($120,247.47),
and that such costs and expenses are fair, reasonable, and necessary.
IT IS FURTHER ORDERED that such costs and expenses are approved
and are to be paid as provided in the Stipulation and Plaintiffs’ 2nd Amended
Motion for Approval of Settlement, (Docket No. 59).

The Court finds that

Plaintiffs are 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 plaintiffs, by and through their 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, arising
from the subject matter of this action. The Court further Orders that plaintiffs, by
and through their 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 said 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.
/s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: December 13, 2018

APPROVED AS TO FORM AND CONTENT:

/s/ Zak Toomey (with consent)
Zak Toomey
Assistant United States Attorney
United States of America
211 W. Fort Street, Room 2001
Detroit, MI 48226
[phone]
[e-mail]

/s/ Ardiana Culaj
Ardiana Culaj
Attorney for Plaintiffs B.A.S, a minor,
and Lauren Sussex, individually
Thurswell Law Firm (Southfield)
1000 Town Center, Suite 500
Southfield, MI 48075-1221
[phone]
[e-mail]

EXHIBIT A