Simcakoski, Heather et al v. United States of America

Filing 49

ORDER Approving Settlement. Signed by District Judge James D. Peterson on 11/27/2017. (voc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WISCONSIN

HEATHER SIMCAK.OSKI,
PERSONALLY AND AS SPECIAL
ADMINISTRATOR OF THE ESTATE
OF JASON SIMCAKOSKI, and
ANAYA SIMCAKOSKI,
Plaintiffs,

v.

Case No.: 16-cv-591

UNITED STATES OF AMERICA,
Defendant.

ORDER APPROVING SETTLEMENT

The above-captioned action having come on for consideration by the Comi as to the
reasonableness of a settlement between the United States of America and Heather Simcakoski,
individually and as Mother and Natural Guardian of Anaya Simcakoski, a minor, and as
Administrator of the Estate of Jason Simcakoski. Plaintiffs appeared individually and through
counsel ofrecord. Defendant United States of America appeared t1u·ough its counsel.
The complete and precise tenns 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 For Compromise"), attached as Exhibit

"A." The CoUli has reviewed the Stipulation For Compromise. The Court is fully informed of
the specifics of the full and final terms and conditions of the settlement. The Court finds that this
settlement is fair, reasonable, ru1d in the best interests of the minor and Estate .

The Court

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additionally understands that this settlement is contingent upon the satisfaction of the terms set
forth in Exhibit A, including the approval of the settlement by the Attorney General on behalf of
the United States, the approval of the settlement by a comt of competent jurisdiction on behalf of
the minor and Estate, and a release and waiver in favor of the United States by any State, public
entity, private entity, or individual with respect to any and all claims any such State, public
entity, private entity, or individual may have now or in the future against the United States (and
its agents, servants and employees) arising out of the subject matter of this action.
IT IS THEREFORE ORDERED, ADTIJDGED, AND DECREED that the settlement, as
set forth in Exhibit A, is hereby approved. It is further Ordered that Heather Simcakoski,
individually and as Mother and Natural Guardian of Anaya Simcakoski, a minor, and as
Administrator of the Estate of Jason Simcakoski, is hereby authorized and required to sign the
Stipulation For Compromise, along with any other documents that are necessary to consummate
this settlenient on behalf of plaintiffs.
IT IS FURTHER ORDERED AND, ADJUDGED, ANJ) DECREED that the amount to
be paid by the United States in settlement of this action (hereinafter "Settlement Amount") shall
be distrib11ted according to the terms and conditions of the Stipulation For Compromise attached
at Exhibit A. It is further Ordered that attorneys' foes in this action shall be not more than
twenty-five percent (25%) of the Settlement Amount and shall be paid as provided in the
Stipulation For Compromise. Fees of the Guardian Ad Litem, if any, for legal services shall be
paid out of the attorneys' fees, as approved above by the Court and not i11 addition thereto. Tt is
hereby Ordered that such costs and expenses are approved and are to be paid as provided in the
Stipulation For Compromise. The Court finds that plaintiffs are legally responsible for any and
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all liens or claims for payment or reimbursement, including any liens or claims for payment or
reimbursement by Medicaid or healthcare providers. The Court hereby Orders plaintiff, by and
through her attorneys, to satisfy or resolve any and all such liens or claims for payment or
reimbursement asserted by any individual or entity. The Court further Orders that plaintiff and
her aHorneys shall provide to the Unit~d States the information required by the Stipulation for
Compromise regarding the satisfaction or resolution of such liens or claims for payment or
reimbursement within the time specified in said Stipulation For Compromise. The Court further
Orders that plaintiffs' attorneys shall .n ot distribute to plaintiff any of the amount payable to her .
directly pursuant to the Stipulation For Compromise unless and until such liens or claims for
payment or reimbursement have been satisfied or resolved, or an amount has been reserved for
such payment.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that plaintiffs, upon final
execution of the Stipulation for Compromise and after the payment of the settlement amount by
the United States, shall cause to be filed with the Court a dismissal of these actions with
prejudice, with each party bearing its own costs, expenses and fees. This Court shall not retain
subject matter jurisdiclion over this action or the settlement.
SO ORDERED, this

1 f#day of /JO ~
~

, 2017.

Honorable James D. Peterson
United States District Judge

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APPROVED AS TO FORM AND CONTENT:

By:

~~-~~
Tenence M. Polich
Clifford & Raihala
Attorney for Plaintiffs

GREGORY J. HAANSTAD
United States Attorney

By:

Christian R. Larsen
Special Assistant United States Attorney
Attorney for the United States

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