Judge: Mark C. Kim, Case: BC721733, Date: 2023-02-02 Tentative Ruling

Case Number: BC721733    Hearing Date: February 2, 2023    Dept: S27

1.     Background Facts

Plaintiff, Elijah Edwards, by and through his father and GAL, Nigel Edwards, filed this action against Defendants, Long Beach Memorial Medical Center, Columbia Emergency Medical Group, and Jennifer J. Lim, D.O. for medical malpractice.  Plaintiff alleges Defendants delayed treatment for a tension pneumothorax, which resulted in cardiac arrest and caused permanent brain damage.

2.     Petition to Approve Compromise of Minor

a.     Prior Minor’s Comp Proceedings

Plaintiff, by and through his GAL and attorney of record, previously agreed to settle all claims with Defendants, Columbia Emergency Medical Group and Jennifer J. Lim, D.O.  After multiple hearings, the Court ultimately approved the petition, which included the creation of a special needs trust to be administered through probate court.  In connection with the prior settlement, approximately $375,353.04 was paid to the trustee to be administered through the trust as needed by the minor child. 

b.     Terms of Proposed Settlement

Plaintiff, by and through his attorney and GAL, has agreed to settle all claims with LBMMC and the County for the total amount of $4 million.  If the settlement is approved, $5157.69 will be used for medical expenses and $1 million for attorneys’ fees; of the remaining balance, $2 million will be used to purchase a single premium deferred annuity and $994,842.31 will be placed in a special needs trust.

c.     Analysis

The Court has reviewed the settlement and finds it fair and reasonable.  The Court also finds the attorneys’ fees fair and reasonable, as they amount to 25% of the total settlement amount.  The Court wishes to clarify with Counsel, at the time of the hearing, that the money going into the special needs trust will go into the SNT that was previously created, and will be subject to the same ongoing probate oversight that is already existing.  Assuming this is correct, the Court will approve the request to place the funds in the SNT. 

Pursuant to CRC 7.972, unless excused from doing so, Plaintiff and Petitioner must appear and testify at the hearing before the Court grants the petition.  The Court finds Plaintiff’s condition is such that he cannot meaningfully testify on his own behalf, and therefore excuses him from appearance.  The Court will question Petitioner at the time of the hearing, and will approve the petition if it is satisfied with the testimony. 

The Court asks Petitioner and Counsel to make arrangements to appear remotely at the hearing on the petition.