Judge: Mark A. Young, Case: 23SMCV00249, Date: 2024-04-16 Tentative Ruling

Case Number: 23SMCV00249    Hearing Date: April 16, 2024    Dept: M

CASE NAME:           Soni, et al., v. Bruckner, et al.

CASE NO.:                23SMCV00249

MOTION:                  Motion to Confirm Minors’ Compromise

HEARING DATE:   4/16/2024

Settlement

      The Settlement is found at Attachment 18b. The general terms are that Defendants Emily Bruckner, M.D. and Westside Pediatrics, Inc. will pay claimant Vinay Soni the total sum of $995,000.00 into a single premium annuity. The petitioner does not indicate whether they will receive any money under the proposed settlement.

Injuries 

Plaintiffs allege a delay in diagnosis of biliary atresia. Vinay was born on February 17, 2021 to Sherina and Vaneesh Soni. He came under the care of pediatrician Emily Bruckner, M.D. at Westside Pediatrics. Despite presenting with persistent jaundice, he was not diagnosed until mid-May 2021, at which point he was in hepatic failure. A liver transplant was performed on June 3, 2021. As a result, he requires continued follow ups, laboratory testing, graft surveillance (including liver biopsies), and administration of immunosuppressant medications. (See Attachment 8c, which outlines Vinay’s projected course of care in the assessment & plan)

Costs

Total costs: $11,641.16

Recoupment of Costs Advanced: $3,000.00

Total: $14,641.16

Fees

Total fee: $245,089.71, approx. 25% of the gross recovery.

Counsel provides a fee declaration in support of the fee. Cal Rules of Court, Rule 7.955(c) and a copy of retainer agreement. The agreement provides a 4-tiered payment system depending on the recovery. (Attachment 17a, at p. 3.)

Net Settlement

Method of Delivery

$735,269.13 to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court. The terms and conditions of the annuity are specified in Attachment 18b(3). The terms appear reasonable.

TENTATIVE RULING

The Court excuses the personal appearance of the claimant and the guardian ad litem. Counsel may appear by telephone or video conference call. The Court has reviewed the Petition to Approve Compromise of Disputed Claim of a Minor. The Court finds that the settlement is reasonable, and based thereon, approves and GRANTS the petition. The Court approves the distribution of the settlement proceeds as set out in the application. 

THE COURT SETS AN OSC RE PURCHASE OF ANNUITY ON ____________________. No appearance required if a receipt is filed. 

Moving party is ordered to give notice.