On February 02, 2023 a
Request,Application
was filed
involving a dispute between
Brian, Hunter,
Scott, Shelby,
and
Bingham, D'Andra D., Md,
Christus Health,
Christus Health Ark-La-Tex,
Collom & Carney Clinic Association,
Keeney, Susan Elizabeth, Md,
Pediatrix Medical Group Of Texas,
Pediatrix Medical Services, Inc.,
for MEDICAL MALPRACTICE
in the District Court of Dallas County.
Preview
FILED
3/26/2024 5:11 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
CAUSE NO. DC-23-01657
HUNTER BRIAN and SHELBY SCOTT, IN THE DISTRICT COURT
§§§§§§§§§§§§§§§§
individually and as next friends of L.F.B., a
Minor,
Plaintiffs,
vs.
DALLAS COUNTY, TEXAS
COLLOM & CARNEY CLINIC
ASSOCIATION; CHRISTUS HEALTH ARK-
LA-TEX d/b/a CHRISTUS ST. MICHAEL
HEALTH SYSTEM; and PEDIATRIX
MEDICAL SERVICES, INC. d/b/a
PEDIATRIX MEDICAL GROUP OF TEXAS,
Defendants. 134th JUDICIAL DISTRICT
APPLICATION TO COURT TO ESTABLISH SPECIAL NEEDS TRUST
TO THE HONORABLE JUDGE OF THIS COURT:
COME NOW, PLAINTIFFS (“Applicants”) who file this Application to the Court to
Establish a Trust (the “Application”) under Section 142.005 of the Texas Property Code. In
support of this Application, Applicants would show the Court as follows:
1. L.F.B., a Minor resides in Texarkana, Arkansas;
2. L.F.B., a Minor is a minor child with disabilities who is represented by a next friend
or an appointed guardian ad litem and who is entitled to receive a settlement payment or
judgment award in this cause (the “1awsuit”);
3. Establishment of a trust pursuant to Section 142.005 of the Texas Property Code (the
“Code”) for the benefit of Beneficiary, so that such trust can receive and manage
Beneficiary’s settlement payment or judgment award and funds from the lawsuit would
be in the best interests of L.F.B., a Minor;
4. While the TRUST will be established pursuant to Section 142.005 of Texas Property
Code, it will be implemented as a Special Needs Trust in the State of Texas as authorized
under 42 USC 1396p(d)(4)(A);
5. Applicants request that upon approval of a settlement or entry of judgment for L.F.B.,
a Minor herein and establishment of the TRUST, all persons, entities, and/or parties to
APPLICATION To COURT To ESTABLISH SPECIAL NEEDS TRUST PAGE 1
1381304
this proceeding, including the Clerk of this Court, if applicable, who are holding funds
which are payable to or for the benefit of L.F.B., a Minor should be ordered to pay or
deliver such funds to Trustee as part of the Trust Estate of the Trust; and
6. THE TRUST COMPANY of TENNESSEE (“Trustee”) is a bank or trust company
having trust powers in Texas, and is willing to serve as Trustee of the Trust for the
benefit of L.F.B., a Minor. Trustee requests that for its services provided as Trustee,
Trustee should be entitled to receive compensation in accordance with the Trust
Agreement for the TRUST and that the Court approve Trustee’s compensation and
payment, as set forth in the Trust Agreement for the TRUST. Trustee further requests that
Trustee be allowed, as a proper charge to the TRUST, reimbursement of all expenses and
costs related to such services that are allowed pursuant to the terms of the Trust
Agreement.
WHEREFORE, Applicants pray that: this Application will be granted; the Court will find
and approve the establishment of a trust as requested herein as being in the best interests of
L.F.B., a Minor; the Court will name THE TRUST COMPANY of TENNESSEE as Trustee of
such TRUST and approve compensation and reimbursement for expenses to Trustee as requested
herein; the Court will order all persons, entities, and/or parties to this proceeding, including the
Clerk of this Court, if applicable, who are holding funds which are payable to or for the benefit
of L.F.B., a Minor to pay and deliver such funds to Trustee as part of the Trust Estate of the
TRUST; and the Court will grant such other and further relief to which L.F.B., a Minor may be
entitled.
Respectfully Submitted,
MILLER WEISBROD OLESKY, L.L.P.
/s/ Les Weisbrod
LES WEISBROD
State Bar No. 21 104900
lweisbrod@millerweisbrod.com
CLAY MILLER
State Bar No. 00791266
cmiller@millerweisbrod.com
CARRIE LYNN VINE
State Bar No. 24128671
cvine@millerweisbrod.com
MATTHEW ADAIR
APPLICATION To COURT To ESTABLISH SPECIAL NEEDS TRUST PAGE 2
1381304
State Bar No. 24084471
madair@millerweisbrod.com
1 1551 Forest Central Drive
Forest Central II, Suite 300
Dallas, Texas 75243
(214) 987-0005 (Telephone)
(214) 987-2545 (Facsimile)
ATTORNEYS FOR PLAIN TIFFS
APPLICATION To COURT To ESTABLISH SPECIAL NEEDS TRUST PAGE 3
1381304
CERTIFICATE OF SERVICE
The undersigned certifies that a true and correct copy of the foregoing was served upon
the following attorneys of record on this the 26th day of March, 2024, as follows:
Kevin W. Yankowsky HAND DELIVERY
kevin.yankowskv@nortonrosefulbright.com CERTIFIED MAIL
Betty Feng FACSIMILE
betty.feng@nortonrosefulbright.com FIRST CLASS MAIL
Norton Rose Fulbright US, LLP ELECTRONIC
Fulbright Tower
1301 McKinney, Suite 5 100
Houston, Texas 77101-3095
A ITORNE YS FOR DEFENDANT
COLL 0M & CARNEY CLINIC ASSOCIATION
Jon W. Stephenson HAND DELIVERY
ionstephenson@steedlawfirmcom CERTIFIED MAIL
Casey Cashion FACSIMILE
caseycashion@steedlawfirmcom FIRST CLASS MAIL
Steed Dunnill Reynolds Bailey Stephenson, LLP ELECTRONIC
1717 Main Street, Suite 2950
Dallas, Texas 75201
A ITORNEYS FOR DEFENDANT
CHRISTUS HEALTH ARK-LA-TEX/b/a CHRISTUS ST. MICHAEL
HEALTH SYSTEM
Cory Sutker HAND DELIVERY
corysutker@cooperscullycom CERTIFIED MAIL
Cooper Scully LLP FACSIMILE
900 Jackson Street, Suite 100 FIRST CLASS MAIL
Dallas, Texas 75202 ELECTRONIC
A TTORNE YS FOR DEFENDANT
PEDIA TRIXMEDICAL SERVICES, INC. d/b/a PEDIA TRIXMEDICAL
GROUP 0F TEXAS
/S/ Les Weisbrod
LES WEISBROD
APPLICATION To COURT To ESTABLISH SPECIAL NEEDS TRUST PAGE 4
1381304
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.
Bianca Trejo on behalf of Les Weisbrod
Bar No. 21104900
btrejo@millenNeisbrod.com
Envelope ID: 85993514
Filing Code Description: Miscellanous Event
Filing Description: APPLICATION TO ESTABLISH SPECIAL NEEDS
TRUST
Status as of 3/27/2024 9:07 AM CST
Associated Case Party: HUNTER BRIAN
Name BarNumber Email TimestampSubmitted Status
LES WEISBROD lweisbrod@millerweisbrod.com 3/26/2024 5:11:35 PM SENT
Lori Slywka lorislywka@steedlawfirm.com 3/26/2024 5:11:35 PM SENT
C. Holloway Yvetteholloway@steedlawfirm.com 3/26/2024 5:11:35 PM SENT
Kathy Dorsey kathydorsey@steedlawfirm.com 3/26/2024 5:11:35 PM SENT
Associated Case Party: COLLOM & CARNEY CLINIC ASSOCIATION
Name BarNumber Email TimestampSubmitted Status
Liane Hunt liane.hunt@nortonrosefulbright.com 3/26/2024 5:11:35 PM SENT
Kevin W.Yankowsky kevin.yankowsky@nortonrosefulbright.com 3/26/2024 5:11:35 PM SENT
Evelyn Ivy evelyn.ivy@nortonrosefulbright.com 3/26/2024 5:11:35 PM SENT
Kim Marcum kim.marcum@nortonrosefulbright.com 3/26/2024 5:11:35 PM SENT
Will Martin will.martin@nortonrosefulbright.com 3/26/2024 5:11:35 PM SENT
Kristina Williams 24078303 kristina.williams@nortonrosefulbright.com 3/26/2024 5:11:35 PM SENT
Bertina York bertina.york@nortonrosefulbright.com 3/26/2024 5:11:35 PM SENT
Kristina Williams kristina.williams@nortonrosefulbright.com 3/26/2024 5:11:35 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Carlos Mattioli cmattioli@smfadlaw.com 3/26/2024 5:11:35 PM SENT
Sherry EKelly skelly@smfadlaw.com 3/26/2024 5:11:35 PM SENT
Jon Wayne Stephenson 24041973 jonstephenson@steedlawfirm.com 3/26/2024 5:11:35 PM SENT
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.
Bianca Trejo on behalf of Les Weisbrod
Bar No. 21104900
btrejo@millenNeisbrod.com
Envelope ID: 85993514
Filing Code Description: Miscellanous Event
Filing Description: APPLICATION TO ESTABLISH SPECIAL NEEDS
TRUST
Status as of 3/27/2024 9:07 AM CST
Case Contacts
Jon Wayne Stephenson 24041973 jonstephenson@steedlawfirm.com 3/26/2024 5:11:35 PM SENT
Matthew Adair 24084471 madair@millerweisbrod.com 3/26/2024 5:11:35 PM SENT
Charles Clayton Miller 791266 cmiller@millerweisbrod.com 3/26/2024 5:11:35 PM SENT
Casey Miller 24103775 caseycashion@steedlawfirm.com 3/26/2024 5:11:35 PM SENT
Elizabeth D. (Lisa)Alvarado Ialvarado@smfadlaw.com 3/26/2024 5:11:35 PM SENT
Debra Boyd dboyd@smfadlaw.com 3/26/2024 5:11:35 PM SENT
Ashley Fulks afulks@millerweisbrod.com 3/26/2024 5:11:35 PM SENT
Francine Ly fly@dallascourts.org 3/26/2024 5:11:35 PM SENT
Carrie Lynn Vine 24128671 cvine@millerweisbrod.com 3/26/2024 5:11:35 PM SENT
Bianca Trejo btrejo@millen~eisbrod.com 3/26/2024 5:11:35 PM SENT
Betty Goodlow betty.goodlow@cooperscully.com 3/26/2024 5:11:35 PM SENT
Associated Case Party: PEDIATRIX MEDICAL SERVICES, INC.
Name BarNumber Email TimestampSubmitted Status
Cory Sutker cory.sutker@cooperscully.com 3/26/2024 5:11:35 PM SENT
Associated Case Party: LISA BLUE
Name BarNumber Email TimestampSubmitted Status
Lisa Blue 2510500 LBlue@baronandblue.com 3/26/2024 5:11:35 PM SENT
Preview
FILED 3/26/2024 5:11 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jenifer Trujillo DEPUTY CAUSE NO. DC-23-01657 HUNTER BRIAN and SHELBY SCOTT, IN THE DISTRICT COURT §§§§§§§§§§§§§§§§ individually and as next friends of L.F.B., a Minor, Plaintiffs, vs. DALLAS COUNTY, TEXAS COLLOM & CARNEY CLINIC ASSOCIATION; CHRISTUS HEALTH ARK- LA-TEX d/b/a CHRISTUS ST. MICHAEL HEALTH SYSTEM; and PEDIATRIX MEDICAL SERVICES, INC. d/b/a PEDIATRIX MEDICAL GROUP OF TEXAS, Defendants. 134th JUDICIAL DISTRICT APPLICATION TO COURT TO ESTABLISH SPECIAL NEEDS TRUST TO THE HONORABLE JUDGE OF THIS COURT: COME NOW, PLAINTIFFS (“Applicants”) who file this Application to the Court to Establish a Trust (the “Application”) under Section 142.005 of the Texas Property Code. In support of this Application, Applicants would show the Court as follows: 1. L.F.B., a Minor resides in Texarkana, Arkansas; 2. L.F.B., a Minor is a minor child with disabilities who is represented by a next friend or an appointed guardian ad litem and who is entitled to receive a settlement payment or judgment award in this cause (the “1awsuit”); 3. Establishment of a trust pursuant to Section 142.005 of the Texas Property Code (the “Code”) for the benefit of Beneficiary, so that such trust can receive and manage Beneficiary’s settlement payment or judgment award and funds from the lawsuit would be in the best interests of L.F.B., a Minor; 4. While the TRUST will be established pursuant to Section 142.005 of Texas Property Code, it will be implemented as a Special Needs Trust in the State of Texas as authorized under 42 USC 1396p(d)(4)(A); 5. Applicants request that upon approval of a settlement or entry of judgment for L.F.B., a Minor herein and establishment of the TRUST, all persons, entities, and/or parties to APPLICATION To COURT To ESTABLISH SPECIAL NEEDS TRUST PAGE 1 1381304 this proceeding, including the Clerk of this Court, if applicable, who are holding funds which are payable to or for the benefit of L.F.B., a Minor should be ordered to pay or deliver such funds to Trustee as part of the Trust Estate of the Trust; and 6. THE TRUST COMPANY of TENNESSEE (“Trustee”) is a bank or trust company having trust powers in Texas, and is willing to serve as Trustee of the Trust for the benefit of L.F.B., a Minor. Trustee requests that for its services provided as Trustee, Trustee should be entitled to receive compensation in accordance with the Trust Agreement for the TRUST and that the Court approve Trustee’s compensation and payment, as set forth in the Trust Agreement for the TRUST. Trustee further requests that Trustee be allowed, as a proper charge to the TRUST, reimbursement of all expenses and costs related to such services that are allowed pursuant to the terms of the Trust Agreement. WHEREFORE, Applicants pray that: this Application will be granted; the Court will find and approve the establishment of a trust as requested herein as being in the best interests of L.F.B., a Minor; the Court will name THE TRUST COMPANY of TENNESSEE as Trustee of such TRUST and approve compensation and reimbursement for expenses to Trustee as requested herein; the Court will order all persons, entities, and/or parties to this proceeding, including the Clerk of this Court, if applicable, who are holding funds which are payable to or for the benefit of L.F.B., a Minor to pay and deliver such funds to Trustee as part of the Trust Estate of the TRUST; and the Court will grant such other and further relief to which L.F.B., a Minor may be entitled. Respectfully Submitted, MILLER WEISBROD OLESKY, L.L.P. /s/ Les Weisbrod LES WEISBROD State Bar No. 21 104900 lweisbrod@millerweisbrod.com CLAY MILLER State Bar No. 00791266 cmiller@millerweisbrod.com CARRIE LYNN VINE State Bar No. 24128671 cvine@millerweisbrod.com MATTHEW ADAIR APPLICATION To COURT To ESTABLISH SPECIAL NEEDS TRUST PAGE 2 1381304 State Bar No. 24084471 madair@millerweisbrod.com 1 1551 Forest Central Drive Forest Central II, Suite 300 Dallas, Texas 75243 (214) 987-0005 (Telephone) (214) 987-2545 (Facsimile) ATTORNEYS FOR PLAIN TIFFS APPLICATION To COURT To ESTABLISH SPECIAL NEEDS TRUST PAGE 3 1381304 CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the foregoing was served upon the following attorneys of record on this the 26th day of March, 2024, as follows: Kevin W. Yankowsky HAND DELIVERY kevin.yankowskv@nortonrosefulbright.com CERTIFIED MAIL Betty Feng FACSIMILE betty.feng@nortonrosefulbright.com FIRST CLASS MAIL Norton Rose Fulbright US, LLP ELECTRONIC Fulbright Tower 1301 McKinney, Suite 5 100 Houston, Texas 77101-3095 A ITORNE YS FOR DEFENDANT COLL 0M & CARNEY CLINIC ASSOCIATION Jon W. Stephenson HAND DELIVERY ionstephenson@steedlawfirmcom CERTIFIED MAIL Casey Cashion FACSIMILE caseycashion@steedlawfirmcom FIRST CLASS MAIL Steed Dunnill Reynolds Bailey Stephenson, LLP ELECTRONIC 1717 Main Street, Suite 2950 Dallas, Texas 75201 A ITORNEYS FOR DEFENDANT CHRISTUS HEALTH ARK-LA-TEX/b/a CHRISTUS ST. MICHAEL HEALTH SYSTEM Cory Sutker HAND DELIVERY corysutker@cooperscullycom CERTIFIED MAIL Cooper Scully LLP FACSIMILE 900 Jackson Street, Suite 100 FIRST CLASS MAIL Dallas, Texas 75202 ELECTRONIC A TTORNE YS FOR DEFENDANT PEDIA TRIXMEDICAL SERVICES, INC. d/b/a PEDIA TRIXMEDICAL GROUP 0F TEXAS /S/ Les Weisbrod LES WEISBROD APPLICATION To COURT To ESTABLISH SPECIAL NEEDS TRUST PAGE 4 1381304 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. Bianca Trejo on behalf of Les Weisbrod Bar No. 21104900 btrejo@millenNeisbrod.com Envelope ID: 85993514 Filing Code Description: Miscellanous Event Filing Description: APPLICATION TO ESTABLISH SPECIAL NEEDS TRUST Status as of 3/27/2024 9:07 AM CST Associated Case Party: HUNTER BRIAN Name BarNumber Email TimestampSubmitted Status LES WEISBROD lweisbrod@millerweisbrod.com 3/26/2024 5:11:35 PM SENT Lori Slywka lorislywka@steedlawfirm.com 3/26/2024 5:11:35 PM SENT C. Holloway Yvetteholloway@steedlawfirm.com 3/26/2024 5:11:35 PM SENT Kathy Dorsey kathydorsey@steedlawfirm.com 3/26/2024 5:11:35 PM SENT Associated Case Party: COLLOM & CARNEY CLINIC ASSOCIATION Name BarNumber Email TimestampSubmitted Status Liane Hunt liane.hunt@nortonrosefulbright.com 3/26/2024 5:11:35 PM SENT Kevin W.Yankowsky kevin.yankowsky@nortonrosefulbright.com 3/26/2024 5:11:35 PM SENT Evelyn Ivy evelyn.ivy@nortonrosefulbright.com 3/26/2024 5:11:35 PM SENT Kim Marcum kim.marcum@nortonrosefulbright.com 3/26/2024 5:11:35 PM SENT Will Martin will.martin@nortonrosefulbright.com 3/26/2024 5:11:35 PM SENT Kristina Williams 24078303 kristina.williams@nortonrosefulbright.com 3/26/2024 5:11:35 PM SENT Bertina York bertina.york@nortonrosefulbright.com 3/26/2024 5:11:35 PM SENT Kristina Williams kristina.williams@nortonrosefulbright.com 3/26/2024 5:11:35 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Carlos Mattioli cmattioli@smfadlaw.com 3/26/2024 5:11:35 PM SENT Sherry EKelly skelly@smfadlaw.com 3/26/2024 5:11:35 PM SENT Jon Wayne Stephenson 24041973 jonstephenson@steedlawfirm.com 3/26/2024 5:11:35 PM SENT 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. Bianca Trejo on behalf of Les Weisbrod Bar No. 21104900 btrejo@millenNeisbrod.com Envelope ID: 85993514 Filing Code Description: Miscellanous Event Filing Description: APPLICATION TO ESTABLISH SPECIAL NEEDS TRUST Status as of 3/27/2024 9:07 AM CST Case Contacts Jon Wayne Stephenson 24041973 jonstephenson@steedlawfirm.com 3/26/2024 5:11:35 PM SENT Matthew Adair 24084471 madair@millerweisbrod.com 3/26/2024 5:11:35 PM SENT Charles Clayton Miller 791266 cmiller@millerweisbrod.com 3/26/2024 5:11:35 PM SENT Casey Miller 24103775 caseycashion@steedlawfirm.com 3/26/2024 5:11:35 PM SENT Elizabeth D. (Lisa)Alvarado Ialvarado@smfadlaw.com 3/26/2024 5:11:35 PM SENT Debra Boyd dboyd@smfadlaw.com 3/26/2024 5:11:35 PM SENT Ashley Fulks afulks@millerweisbrod.com 3/26/2024 5:11:35 PM SENT Francine Ly fly@dallascourts.org 3/26/2024 5:11:35 PM SENT Carrie Lynn Vine 24128671 cvine@millerweisbrod.com 3/26/2024 5:11:35 PM SENT Bianca Trejo btrejo@millen~eisbrod.com 3/26/2024 5:11:35 PM SENT Betty Goodlow betty.goodlow@cooperscully.com 3/26/2024 5:11:35 PM SENT Associated Case Party: PEDIATRIX MEDICAL SERVICES, INC. Name BarNumber Email TimestampSubmitted Status Cory Sutker cory.sutker@cooperscully.com 3/26/2024 5:11:35 PM SENT Associated Case Party: LISA BLUE Name BarNumber Email TimestampSubmitted Status Lisa Blue 2510500 LBlue@baronandblue.com 3/26/2024 5:11:35 PM SENT