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CAUSE N0. DC-22-15251
NAM VAN NGUYEN, HOA THI VU, IN TI-E DISTRICT COURT
§§§§§§§§§§§§§§§§§§§§§§
individually and as representatives of the
Estate of THANH TUYET NGUYEN,
deceased, and THANH DUY PHAM, as
next fi‘iend of TUP, TQP and TPP, minors
Plaintiffs
v. DALLAS COUNTY, TEXAS
THANH-TRUC NGOC LE, DDS,
individually and D/B/A
TRUCARE DENTAL, P.A.,
SHAHRAM SANI, M.D.,
individually and d/b/a 02
PULMONARY & SLEEP CLINIC
AT GRAPEVINE, and HARSI-HT
S. RAO, M.D., individually and d/b/a
02 PULMONARY & SLEEP
CLINIC GRAPEVINE
Defendants 68TH JUDICIAL DISTRICT
Partial
AGREED JUDGMENT
On this date Plaintifi‘s, Nam Van Nguyen, Hoa Thi Vu, Individually and as representatives
of the Estate of Thanh Tuyet Nguyen, deceased, and Thanh Duy Pham, as next'friend of TUP,
TQP and TPP, minors, and Defendants Thanh-True Ngoc Le, DDS individually and d/b/a Trucare
Dental, P.A., only, announced that they have reached a confidential agreement of compromise and
settlement, which they present for approval by the Court.
As mutual consideration for this settlement, the parties have agreed that the terms
of the settlement are to remain confidential and not subject to disclosure, the terms of which are
set forth in a Compromise Settlement Agreement, Release of All Claims, Indemnity Agreement,
Medicare Compliance Agreement and Confidentiality Agreement executed the parties.
hy
AGREED JUDGMENT AS TO DEFENDANTS THANH-TRUC NGOC LE, DDS, DIDIVIDU LY AND D/B/A
TRUCARE DENTAL, P.A. ONLY Page l
Therefore, the Court heard arguments of counsel and considered evidence in this case as to
Plaintiffs and Defendants Thanh-Truc Ngoc Le, DDS individually and d/b/a Trucare Dental, P.A.,
only, and not as to any other parties herein.
The Court also has had the opportunity to review the Compromise Settle ent Agreement,
Full Release of All Claims, Indemnity Agreement, Medicare Compliance and Co fidentiality
Agreement between Plaintiffs and Defendants Thanh-True Ngoc Le, DDS, indivi ually and d/b/a
Trucare Dental, P.A. and Defendant’s insurer, ProAssurance Indemnity ompany, lnc.
("Settlement Agreement"). The Court ORDERS the parties, their attorneys and he guardian ad
litem to maintain executed copies of the Settlement Agreement, setting forth the specific terms of
settlement. The Court also heard testimonial evidence regarding the of the minor
interests l
r
Plaintiffs. i
The Court finds that the proposed settlement as set forth in the parties
confiidential
Settlement Agreement is in the best interest of the minor Plaintiffs, TUP, TQP TPP, and that
anid
Al Ellis, the Guardian Ad Litem duly appointed by the Court, concurs that the propiosed settlement
is in their best interests.
It is ORDERED that the Settlement Agreement entered into by Plaintifl‘ d Defendants
Thanh-True Ngoc Le, DDS, individually and d/b/a Trucare Dental, P.A. is appro ed and ratified
in all respects and is in the best interest of the minor Plaintiffs, TUP, TQP and TP .
It is, therefore, ORDERED by the Court that Plaintifl‘s Nam Van Nguye , Hoa Thi Vu,
individually and as representatives of the Estate of Thanh Tuyet Nguyen, dec ed, and Thanh
Duy Pham as next friend of TUP, TQP and TPP, minors, have and recover fi- m Defendants
Thanh-Truc Ngoc Le, DDS, individually and d/b/a Trucare Dental, P.A. the sums of money in the
manner set forth and specifically provided in the Settlement Agreement that has been approved by
AGREED JUDGMENT AS T0 DEFENDANTS THANH-TRUC NGOC LB, DDS, INDIVIDUALLY AND D/B/A
TRUCARE DENTAL, P.A. ONLY Page 2
the Court and that the settlement proceeds shall be paid in accordance with paragraphs 2.3, 2.3.1,
and 2.3.2 of the Settlement Agreement approved by the Court. The obligation to make periodic
payments described in the Settlement Agreement may be assigned to MetL fe Assignment
Company, Inc. and funded by an annuity contract issued by Metropolitan Tower Life Insurance
Company, rated A+XV by A.M. Best Company and AA- by Standard and Poor’s.
It is further ORDERED that the rights to receive periodic payments gran d to the minor
Plaintiffs in this Agreed Judgment may not be sold, transferred, hypothecat d, pledged, or
otherwise alienated in any manner, directly or indirectly, without the prior approval of the then-
sitting Judge of this Court, as evidenced by an order approving such transacti n entered afier
compliance with all requirements of the Structured Settlement Protection Act, §§ 141.001, Texas
Civil Practice and Remedies Code, as it now exists or may hereafier be amended, o any successor
to such statute. Any purported or attempted sale, transfer, hypothecation, pl dge, or other
alienation of such payment rights that has not been so approved will be a direct v iolation of this
order.
It is further ORDERED by the Court that the amounts payable pursuant to the Settlement
Agreement and this Agreed Judgment shall constitute damages received on account of personal
physical injuries or physical sickness with the meaning of Section 104(a)(2) of the Internal
Revenue Code of 1986, as amended, and that no portion of such amounts shall con stitute
exemplary damages, but that all damages shall be for actual damages on account personal
0F
injuries or physical sickness.
It is ORDERED that Plaintiffs shall be responsible for any liens asserted b any
third party with any claimed subrogation interest in this matter.
AGREED JUDGMENT AS TO DEFBNDANTS THANH-TRUC NGOC LE, DDS, INDIVIDU ‘LY AND D/B/A
TRUCARE DENTAL, P.A. ONLY Page 3
It is ORDERED that upon entry of this Agreed Judgment, and payment b v Defendants of
the amounts provided in the Settlement Agreement, and upon execution 01 the Qualified
Assignment and Release Agreement, Defendants Thanh-True Ngoc Le, DDS, i ndividually and
d/b/a Trucare Dental, P.A. and ProAssurance Indemnity Company, Inc, their agents, ofiicers,
directors, attorneys, vice principals, related or affiliated entities, servants, employ ees, employers,
former employees, former employers, and representatives shall stand fully released and forever
discharged of and from all liability as to all Plaintifl's, including the minor Plaintil ffs, with respect
to any and all demands, claims, liens, or causes of action arising out of or based on the incident
made the basis of this lawsuit, including, but not limited to, any demand, claims , and causes of
action which could arise in the future, including all claims and causes of action wh ich are asserted
or which could have been asserted in this cause.
It is ORDERED that Al Ellis, appointed herein as Guardian Ad Litem for TUP, TQP and
TPP, minors, shall have and recover $4,500.00 as a reasonable fee for his servic :es, to be taxed
against Defendants Thanh-Truc Ngoc Le, DDS, individually and d/b/a Trucare E lental, P.A. and
the guardian ad litem fee shall be paid directly to him within thirty (30) days of the signing of this
a
Agreed Judgment. It is ORDERED that Al Ellis is hereby released as Guardian Aid Litem and he
has no further responsibilities or obligations in this cause.
It is further ORDERED that this Agreed Judgment shall not be construed as any admission
of liability on the part of Defendants Thanh-True Ngoc Le, DDS, individually and d/b/a Trucare
Dental, P.A, who have consistently denied and continue to deny liability for all of the claims which
have been made or settled in the above styled suit.
It is fin'ther ORDERED that all other court costs are taxed against the party incurring the
same.
AGREED JUDGMENT AS T0 DEFENDANTS THANH-TRUC NGOC LE, DDS, INDIVIDUA] LLY AND D/B/A
TRUCARE DENTAL, P.A. ONLY Page 4
It is further ORDERED that all claims and causes of action against Defendants Thanh-
Truc Ngoc Le, DDS, individually and d/b/a Trucare Dental, P.A. by Plaintifi‘s be, and they are
hereby dismissed, with prejudice, as settled, compromised, and agreed. All claims and causes of
action by and between Plaintiffs and Defendants Thanh-True Ngoc Le, DDS, individually and
d/b/a Trucare Dental, P.A. not expressly granted by this Agreed Judgment are DENIED.
It is ORDERED that this Agreed Judgment does not extend to or apply to any other
Defendants in this case. 9/29/2023 9:43:05 AM
SIGNED this mgmggm
747m kit/Lam
JUDGE/PRESigJuNG
APPROVED AS TO FORM AND FOR ENTRY:
/M%/yéq
Ellis
A1
’ / ’
Guardian Ad Litem
Linda Tu’rley fl
Attorneyfor Plaintififs Nam Van Nguyen,
Hoa 771i Vu, individually and as representatives
of the Estate of Thanh Tuyet Nguyen,
deceased
and Thanh Duy Pham as next fiiend of
TUP, TQP and TPP, minors
AGREED JUDGMENT AS TO DEFENDANTS THANH-TRUC NGOC LE, DDS, INDIVIDU LY AND D/B/A
TRUCARE DENTAL, P.A. ONLY Page 5
UMZDMMOL
William Dixon Wiles
Attorneys for Defendants Thanh-True Ngoc Le, DDS,
Individually and d/b/a Trucare Dental. RA.
AGREED JUDGMENT AS TO DEFENDANTS 'I‘EANH-TRUC NGOC LE, DDS, INDIVIDUALLY AND mam"
'I'RUCARE DENTAL, RA. ONLY Page 6
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Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Janey Kirby on behalf of Linda Turley
Bar No. 20303800
janeyk@wturley.com
Envelope ID: 80051675
Filing Code Description: Non-Signed Proposed Order/Judgment
Filing Description: PROPOSED ORDER FOR AGREED JUDGMENT
Status as of 9/28/2023 3:46 PM CST
Associated Case Party: NAMVANNGUYEN
Name BarNumber Email TimestampSubmitted Status
LINDA TURLEY lindat@wturley.com 9/28/2023 2:16:50 PM SENT
Associated Case Party: TRUCARE DENTAL, P.A.
Name BarNumber Email TimestampSubmitted Status
WILLIAM DIXONWILES DWILES@MAYERLIP.COM 9/28/2023 2:16:50 PM SENT
Associated Case Party: SHAHRAM SANI, M.D.
Name BarNumber Email Timestam pSubmitted Status
Susan Cooley scooley@schellcooley.com 9/28/2023 2:16:50 PM SENT
Associated Case Party: SRIKANI NANNAPANENI, M.D. D/B/A 02 PULMONARY &
SLEEP CLINIC AT GRAPEVINE
Name BarNumber Email TimestampSubmitted Status
Susan Cassidy Cooley 793546 scooley@schellcooley.com 9/28/2023 2:16:50 PM SENT
Associated Case Party: HARSHIT S. RAO M.D. D/B/A 02 PULMONARY 7 SLEEP
CLININC AT GRAPEVINE
Name BarNumber Email TimestampSubmitted Status
Susan Cassidy Cooley 793546 scooley@schellcooley.com 9/28/2023 2:16:50 PM SENT
Associated Case Party: HARSHIT RAO, M.D.
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Janey Kirby on behalf of Linda Turley
Bar No. 20303800
janeyk@wturley.com
Envelope ID: 80051675
Filing Code Description: Non-Signed Proposed Order/Judgment
Filing Description: PROPOSED ORDER FOR AGREED JUDGMENT
Status as of 9/28/2023 3:46 PM CST
Associated Case Party: HARSHIT RAO, M.D.
Name BarNumber Email TimestampSubmitted Status
Brenda Smith bsmith@schellcooley.com 9/28/2023 2:16:50 PM SENT
Susan Cooley scooley@schellcooley.com 9/28/2023 2:16:50 PM SENT
Andrew Kowalczyk akowalczyk@schellcooley.com 9/28/2023 2:16:50 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
William DixonWiles dwiles@mayerllp.com 9/28/2023 2:16:50 PM SENT
Angela Herrington aherrington@mayerllp.com 9/28/2023 2:16:50 PM SENT
Linda Turley |indat@wturley.com 9/28/2023 2:16:50 PM SENT
Janey Kirby janeyk@wturley.com 9/28/2023 2:16:50 PM SENT
Kelsey Apsey kapsey@mayerllp.com 9/28/2023 2:16:50 PM SENT
Associated Case Party: DAN MARLEY
Name BarNumber Email TimestampSubmitted Status
Al Ellis al@textrial.com 9/28/2023 2:16:50 PM SENT