A.Y.O. v. Enloe Medical Center ( 2023 )

1 Bruce G. Fagel, State Bar No. 103674 Bronislav M. Draganov, State Bar No. 119695 2 Law Offices of Bruce G. Fagel & Associates 3 9200 West Sunset Boulevard, Suite 670 West Hollywood, California 90069 4 Tel: (310) 516-9035 Fax: (310) 928-7763 5 E-mail:brucefagel@fagellaw.com 6 E-mail:brondraganov@fagellaw.com Attorneys for Plaintiffs 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 13 A.Y.O., a minor, by and through his Case No. 2:21-cv-00285 JDP 14 guardian ad litem, Francisco Ocasio, O R D E R ON PETITION FOR 15 Plaintiff, APPROVAL OF SETTLEMENT OF AN INCAPACITATED MINOR 16 vs. 17 DATE: FEBRUARY 16, 2023 TIME: 10:00 A.M. 18 ENLOE MEDICAL CENTER, doing VIA ZOOM business as Enloe Medical Center- Magistrate Judge Jeremy D. Peterson 19 Esplanade, 20 Defendant. 21 This case was before the court on February 16, 2023, for hearing on plaintiff’s petition 22 23 for approval of settlement involving an incapacitated minor. ECF No. 69. For the reasons stated 24 on the record, the court finds that approval of the settlement is appropriate under both California 25 law and the standard articulated by the Ninth Circuit in Reynaga v. Cammisa, 971 F.2d 414 (9th Law Offices of 26 Bruce G. Fagel Cir. 1992). & 27 Associates Accordingly, it is hereby adjudged that the settlement for $5 million is approved. 28 Defendant Enloe Medical Center is ordered to purchase an annuity costing $2.0 million from USAA Life Ins Co., which will pay the sum of $9,852.35 per month to A.Y.O’s Special Needs Trust at Wells Fargo Bank as Trustee. This annuity will pay for the life of A-Y.O with 25-year guaranteed payments, with the payments starting on Mar 15, 2028, and shall increase at 1% per 5 month compounded starting Mar 15, 2019. The balance of $3.0 million shall be paid in up-front 6 || cash payable to A.Y.O., by and through his guardian ad litem, Francis Ocasio, and Bruce G 7 || Fagel, his attorney. 8 From the $3.0 million in up-front cash, the Law Office of Bruce G Fagel shall be reimbursed the sum of $89,458.78 for costs advanced on the case since the settlement with Dr Green. The sum of $10,541.22 shall be held in trust pending final payment of costs in this case. 12 || Any net balance remaining shall be paid to A.Y.O.’s Special Needs Trust. The sum of $735,000 13 || shall be used to pay attorney fees with that amount to be divided equally (50% each) between the 4 Taw Office of Bruce G Fagel and Nick Rowley, based on prior agreement which has been approved by the guardian ad litem. The sum of $139,526.48 shall be paid to Texas Medicaid. . The sum of $342,312.84 shall be held in trust pending final resolution of the medical lien by 1g || Rite-Aid, and the sum of $189,333.70 shall be held in trust pending final resolution of the 19 || medical lien by Aetna/Rawlings Co. Any amount saved by a reduction of either/both liens will 70!) be returned to A.Y.O.’s Special Needs Trust. The remaining balance of $1,493,527 shall be placed into A.Y.O.’s Special Needs Trust. 3 Within 30 days of the date of this order, the annuity costing $2.0 million shall be purchased by 94 || Enloe Medical Center and the up-front cash of $3.0 million shall be paid. 25 |) IT IS ORDERED. Dated: February 22, 2023 " Be comes JEREMY D. PETERSON 28 UNITED STATES MAGISTRATE JUDGE