Judge: Stephen I. Goorvitch, Case: 22STCV00384, Date: 2024-01-08 Tentative Ruling

Case Number: 22STCV00384    Hearing Date: January 16, 2024    Dept: 39

Isla Regan, et al. v. CHA Hollywood Presbyterian, Case No. 22STCV00384

Plaintiff Isla Regan, by and through her guardian ad litem, Patrick Regan, filed this medical malpractice action against CHA Hollywood Presbyterian Medical Center (the “hospital”), among others, following the death of her mother.  The hospital has settled this case for $850,000, and the parties seek approval of this settlement.  The Court finds that the settlement is fair and reasonable under the circumstances.  Plaintiff herself suffered no injuries and requires no medical/psychological care as a result of the incident.  Also, Plaintiff’s factual allegations focus more on negligence by physicians, as opposed to the hospital staff, which suggests that Plaintiff’s case against the hospital involves more litigation risk and less potential liability.  The Court notes that the parties reached this settlement through an arms-length negotiation involving a mediation through Judicate West.  Therefore, the Court approves the settlement amount.

The Court approves the deductions for costs of $28,810.45, which are reasonably related to the litigation.  The Court notes that there are no “overhead” charges, like routine copying, etc.  The costs are commensurate with what the Court would expect for a case of this nature.

The Court approves the requested attorneys’ fees of $194,845.09.  Plaintiff’s counsel used a sliding scale based on the amount of the recovery, but the total is approximately 24 percent of the total after costs.  The Court finds that this fee is fair and reasonable under the circumstances, as the Court can determine from the record that Plaintiff’s counsel did sufficient work to earn this fee.

The Court orders that all proceeds must be used for the benefit of Isla Regan.  The Court approves use of $425,505.13 to purchase a single-premium deferred annuity, which appears to be a sound investment.  The Court approves a distribution of $20,000 to Plaintiff’s guardian ad litem and father, Patrick Regan, but orders that these proceeds may only be used for the benefit of Plaintiff.  The Court approves a deposit of $19,317.97 into a blocked account.

The Court understands that there is a Medi-Cal lien of $161,521.36, but Plaintiff’s counsel intends to attempt to negotiate a further reduction in this line.  Plaintiff’s counsel proposes that he keep this amount in his attorney-client trust account until the lien is finalized.  Plaintiff’s counsel should be prepared to discuss at the hearing how the balance of the funds should be distributed if there is a further reduction in the lien.