Fredricksen v. Children's Hospital & Medical Center et al

Filing 6

ORDER APPROVING SETTLEMENT INVOLVING THE EXCESS LIABILITY FUND - IT IS THEREFORE ORDERED that the settlement described above and the contribution toward that settlement by the Excess Liability Fund are hereby approved. Ordered by Senior Judge Joseph F. Bataillon. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
OMAHA DIVISION
THOMAS M. FREDRICKSEN, JR.
Plaintiff,
vs.
CHILDREN’S HOSPITAL & MEDICAL
CENTER, a non-profit domestic
corporation; NEBRASKA PEDIATRIC
PRACTICE, INC.; a non-profit domestic
corporation; UNMC PHYSICIANS, a
non-profit domestic corporation, and
GLEN M. GINSBURG, M.D.
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 8:15-cv-270 and 8:15cv274

ORDER APPROVING SETTLEMENT
INVOLVING THE EXCESS LIABILITY
FUND

THESE MATTERS are presented to the Court upon the Application of the Defendants
pursuant to the Nebraska Hospital-Medical Liability Act, §44-2832 and §44-2833 (Reissue of
2010) for approval of a settlement under the Nebraska Hospital-Medical Liability Act including
the payment of certain funds from the Excess Liability Fund.
The Court, being fully advised in the premises, finds as follows:
1.

These actions arises out of alleged malpractice from the rendering of medical care

to the Plaintiff Thomas M. Fredricksen, Jr. as more fully set forth in the Plaintiff’s “Complaint
and Jury Demand” filed in the United States District Court for the District of Nebraska, Omaha
Division, at Case No. 8:15-cv-270 and 8:15cv274.
2.

At all times relevant herein, Defendants were qualified health care providers

under the Nebraska Hospital-Medical Liability Act, §44-2801 et. Seq. R.R.S. 1943 (Reissue
2010).

3.

That this settlement is in compromise of a doubtful and disputed claim and all

allegations of negligence have been expressly denied by the Defendants and payment hereof is
not to be construed as an admission of liability on their part. This court is aware of the terms
and conditions of this settlement having been so advised in camera as said terms and conditions
are confidential.
IT IS THEREFORE ORDERED that the settlement described above and the contribution
toward that settlement by the Excess Liability Fund are hereby approved.
Dated this 15th day of October, 2015.

BY THE COURT:

s/ Joseph F. Bataillon
Senior United States District Judge
#615155