W.V.G. v. Billings Clinic et al

Filing 54

ORDER APPROVING SETTLEMENT OF MINOR'S CLAIMS. Signed by Magistrate Judge Timothy J. Cavan on 4/6/2018. (JDR)

IN THE UNITED STATES DISTRICT COURT

FILED

FOR THE DISTRICT OF MONTANA, BILLINGS DIVISicMR O6 lOlB
W.V.G., a minor,
by his father, guardian, and next
friend, William V. Graham III,

Clerk, U S District Court
District Of Montana
Billings

Civil Action No. 17-1-BLG-TJC

Plaintiff,
vs.
BILLINGS CLINIC, a corporation,
and MAUREEN C. LUCAS, MD,

ORDER APPROVING
SETTLEMENT
OF MINOR'S CLAIMS

Defendants.
This matter came on for hearing before the Court on April 3, 2018, pursuant
to Plaintiffs unopposed Amended Motion for Approval of Settlement of Minor's
Claims (Doc. 43), with Larry G. Grubbs and Michael G. Eiselein appearing for the
Plaintiff, together with William V. Graham III, father and next friend of the
Plaintiff. The Court, having reviewed and considered the file herein and the
information provided during the hearing, finds and orders as follows.
1.

This action was commenced on January 4, 2017, by PlaintiffW.V.G.,

a minor, by his father, guardian, and next friend, William V. Graham III. Plaintiff
claims that he suffered hypoxic-ischemic encephalopathy during the perinatal
period as the result of medical negligence, resulting in serious neurological
injuries. Liability was denied, and extensive litigation followed, including
comprehensive written discovery, depositions, expert disclosures, motions and
briefing.

2.

A settlement conference was held February 12, 2018, resulting in the

parties' agreeing to a compromise settlement of this action on terms detailed in
their proposed Release and Settlement Agreement (including a confidentiality
provision), which was filed under seal (Doc. 47) pursuant to this Court's Order
Granting Motion to File Settlement Documents Under Seal (Doc. 49).
3.

In accordance with the standards and guidance set out in Robidoux v.

Rosengren, 638 F.3d 1177 (9th Cir. 2011) regarding proposed settlements of

minors' claims, the Court has considered the proposed Statement of Distribution
provided by Plaintiffs counsel at the hearing -- which shall be filed herein under
seal -- which specifies the amounts of the proposed gross settlement proceeds,
deductions for attorneys' fees/costs and a medical insurance lien claim, and the
net recovery to W.V.G.; and, has further considered the amounts of settlements in
similar cases in Montana and other states. Based thereon, the Court finds that the
proposed net rec·overy to W.V.G. is well within the range of those in similar cases
in Montana and elsewhere, and that the proposed settlement and distribution of
proceeds is fair, reasonable, and in the best interests of W.V.G., and should be
approved.
4.

W.V.G. resides in Spokane, Washington, with his parents, who

equally share his care and custody. Now 10 years of age, W.V.G. is expected to
have a normal to near-normal life expectancy of approximately another 67 years.
His neurological injuries, conditions and impairments will likely require ongoing
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health care, therapies, assistance, and accommodations throughout his lifetime.
In light of these circumstances, the Court finds that the best interests ofW.V.G.
would be served by the creation of the proposed Special Needs Trust submitted by
the Plaintiff at the hearing, with U.S. Bank, Spokane, Washington, to serve as
Trustee and manage and administer the net settlement proceeds for the benefit of
W.V.G. in accordance with the trust terms and under the supervision of the
Guardianship Monitoring Program of the Spokane County Superior Court. The
Court finds that the best interests of W.V.G. will be served by creating the Trust in
the form proposed and transferring the supervision and jurisdiction over the Trust
to the Spokane County Superior Court as requested.
5.

The Court has previously found that William V. Graham III, who is

the minor child's father and has served as W.V.G. 's next friend throughout this
action, is an appropriate person to serve as guardian ad !item for the purpose of
executing settlement documents and otherwise completing the settlement, and has
ordered that he be appointed to serve in that capacity, without bond. (Doc. 53.)
Based on the foregoing, IT IS ORDERED:
1.

That the settlement and distribution of settlement proceeds per said

Release and Settlement Agreement, and said Statement of Distribution, are hereby
APPROVED;
2.

That the proposed Release and Settlement Agreement and proposed

Statement of Distribution presented to the Court at the hearing shall be filed herein
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under seal;
3.

That the proposed Special Needs Trust ("Care Trust") in the form

presented at the hearing is hereby APPROVED and created by the Court, and a
copy of same shall be filed herein under seal after it is fully executed;
5.

That Plaintiffs counsel and the guardian ad !item shall, within 30

days, file a report as to the status of the settlement and distribution of proceeds.
DATED this 6th day of April, 2018.

United St tes Magistrate Judge

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