JOHNY CASTRO VARGAS, Plaintiff(s), vs. BIOSCRIP INFUSION SERVICES, INC., et al., Defendant(s).

Case No.: BC581756

[TENTATIVE] ORDER CONTINUING HEARING ON PETITIONER’S PETITION TO APPROVE COMPROMISE OF MINOR

Dept. 3

1:30 p.m.

January 15, 2019

Plaintiff, Johny Castro Vargas fka Johny Rojas, a minor by and through his GAL, Bertha Vargas, filed this action against Defendant, Bioscrip Infusion Services, Inc. for damages arising out of a failure to carry out treatment orders for Plaintiff’s liver disease. Plaintiff alleges he is now at the top of a list for liver replacement as a result of the mistake, and his life expectancy is shortened as a result of the mistake.

The parties have reached a settlement and seek court approval of the settlement at this time. The total settlement is in the amount of $750,000. Petitioner seeks apportionment of the settlement $250,000 to Plaintiff and $500,000 to Petitioner. Specifically, she seeks an order apportioning the settlement as follows:

a. Ann