Norah M. Short, et al v. Heather Ramsey, et al

Filing 172

MEMORANDUM AND ORDER that Plaintiff N.M.S. and defendants Heather Ramsey and The Midwife's Place, LLC's Joint Stipulation for Dismissal of Defendants Heather Ramsey and The Midwife's Place, LLC (Filing No. 164 ) is approved. Plaintif f N.M.S. and defendant Bellevue Medical Center, LLC's Joint Motion and Application to the Court for Approval of Claims Settlement Pursuant to Neb. Rev. Stat. § 44-2833 and for Dismissal with Prejudice of Defendant Bellevue Medical Center, L LC (Filing No. 162 ) is granted. Plaintiff N.M.S. and defendant Bellevue Medical Center, LLC's Settlement Agreement (Filing No. 163 ) is approved. Plaintiff N.M.S. and defendant Bellevue Medical Center, LLC's Amended Joint Motion and Appl ication to the Court for Approval of Claims Settlement Pursuant to Neb. Rev. Stat. § 44-2832 and for Dismissal with Prejudice of Defendant Bellevue Medical Center, LLC (Filing No. 165 ) is denied as moot. The Nebraska Excess Liability Fund is a uthorized and directed to pay plaintiff N.M.S. its portion of the agreed upon settlement amount along with defendant Bellevue Medical Center, LLC and defendant Bellevue Medical Center, LLC's insurer, COPIC Insurance Company. This case is dismissed with prejudice as to all defendants with all parties to bear their own fees, costs, and expenses. Ordered by Judge Robert F. Rossiter, Jr. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
N.M.S., a minor, by and through her natural
guardians and Next Friends, AMBER
SHORT and SCOTT SHORT,
Plaintiff,
v.

8:16CV499
MEMORANDUM
AND ORDER

HEATHER RAMSEY, APRN-CNM, THE
MIDWIFE'S PLACE LLC, and
BELLEVUE MEDICAL CENTER, LLC,
Defendants.
This matter is before the Court on a Settlement Agreement (Filing No. 163restricted) under the Nebraska Hospital-Medical Liability Act, Neb. Rev. Stat. § 44-2801
et seq., filed for approval by plaintiff N.M.S., by and through her natural guardians and
Next Friends, and defendant Bellevue Medical Center, LLC (“BMC”). Also pending
before the Court is a Joint Stipulation for Dismissal (Filing No. 164) between N.M.S. and
defendants Heather Ramsey (“Ramsey”) and The Midwife’s Place, LLC (“MP”).
Taking the Joint Stipulation for Dismissal first, the Court notes that counsel for
N.M.S., Ramsey, and MP have signed that stipulation, and that defendant BMC has no
objection. With that, the Court finds the Joint Stipulation should be approved and this case
is dismissed with prejudice as to Ramsey and MP.
Next, the Court will consider the Settlement Agreement. On April 29, 2019, N.M.S.
and BMC filed (Filing No. 162) a Joint Motion and Application to the Court for Approval
of Claims Settlement Pursuant to Neb. Rev. Stat. § 44-2833 and for Dismissal with
Prejudice of Defendant Bellevue Medical Center, LLC (“Joint Motion”). On June 6, 2019,
the Court held a telephone status conference (“Conference”) on the record to resolve

questions about the Joint Motion and Settlement Agreement. At the Conference, counsel
for N.M.S. and BMC, as well as the representative of the Nebraska Excess Liability Fund
(“Fund”), argued that § 44-2833 does not govern the Court’s approval of the Settlement
Agreement, but instead Neb. Rev. Stat. § 44-2832 controls. N.M.S. and BMC filed (Filing
No. 165) an Amended Joint Motion and Application to the Court for Approval of Claims
Settlement Pursuant to Neb. Rev. Stat. § 44-2832 and for Dismissal with Prejudice of
Defendant Bellevue Medical Center, LLC (“Amended Joint Motion”).
Following the Conference and after review of the Amended Joint Motion, the Court
was not convinced that § 44-2832, which in the Court’s view sets forth the procedures for
the Director of Administrative Services to issue a warrant for payment out of the Fund,
applies in this case. The Court ordered (Filing No. 167-restricted) N.M.S. and BMC to file
either joint or contemporaneous briefing on the issue. Upon receiving a joint brief (Filing
No. 168), the Court again concluded that § 44-2833, which outlines the procedures for
seeking the Court’s “approval of an agreed settlement,” governs. Neb. Rev. Stat. § 442833(2).
Accordingly, the Court “set the matter for trial” as required by § 44-2833(5) and
held a hearing on June 19, 2019. The Court received evidence, including expert reports
and depositions, to enable the Court to determine whether the Settlement Agreement should
be approved. Upon careful review of the evidence and arguments by counsel for N.M.S
and BMC and the representative of the Fund, the Settlement Agreement, and record in this
case, the Court finds that the Settlement Agreement conforms with § 28-4433 and should
be approved.
Based on the foregoing,
IT IS ORDERED:
1.

Plaintiff N.M.S. and defendants Heather Ramsey and The Midwife’s Place,
LLC’s Joint Stipulation for Dismissal of Defendants Heather Ramsey and
The Midwife’s Place, LLC (Filing No. 164) is approved.
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2.

Plaintiff N.M.S. and defendant Bellevue Medical Center, LLC’s Joint
Motion and Application to the Court for Approval of Claims Settlement
Pursuant to Neb. Rev. Stat. § 44-2833 and for Dismissal with Prejudice of
Defendant Bellevue Medical Center, LLC (Filing No. 162) is granted.

3.

Plaintiff N.M.S. and defendant Bellevue Medical Center, LLC’s Settlement
Agreement (Filing No. 163) is approved.

4.

Plaintiff N.M.S. and defendant Bellevue Medical Center, LLC’s Amended
Joint Motion and Application to the Court for Approval of Claims Settlement
Pursuant to Neb. Rev. Stat. § 44-2832 and for Dismissal with Prejudice of
Defendant Bellevue Medical Center, LLC (Filing No. 165) is denied as moot.

5.

The Nebraska Excess Liability Fund is authorized and directed to pay
plaintiff N.M.S. its portion of the agreed upon settlement amount along with
defendant Bellevue Medical Center, LLC and defendant Bellevue Medical
Center, LLC’s insurer, COPIC Insurance Company.

6.

This case is dismissed with prejudice as to all defendants with all parties to
bear their own fees, costs, and expenses.

Dated this 19th day of June 2019.
BY THE COURT:

Robert F. Rossiter, Jr.
United States District Judge

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