[TENTATIVE] ORDER RE: PETITION TO APPROVE COMPROMISE
Claimant David M. Shaw, a person with a disability, by and through his guardian ad litem David C. Shaw (“Petitioner”), has agreed to settle his claims against Defendants in exchange for $83,333.33. This case arises from the wrongful death of Cheryl Shaw, Claimant’s mother and Petitioner’s wife. The Complaint alleged loss of spousal services on behalf of Petitioner and wrongful death on behalf of Claimant. The entire case settled for $650,000, with $250,000 representing the maximum damages permitted by Code of Civil Procedure section 3333.2 (MICRA) and section 377.60. The Petition requests that third of the non-economic damages of $250,000 be allocated to Claimant without reduction for attorneys’ fees and costs. The attorneys’ fees on the entire settlement is $166,398.25 and the non-medical costs are $28,718.16. There are no medical expenses at issue.
The Probate Department has identified deficiencies as identified below:
Terms of
Hearing Date
October 23, 2019
Type
Med Malpractice (Drs & Surgeons) (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
[TENTATIVE] ORDER RE: PETITION TO APPROVE COMPROMISE
Claimant David M. Shaw, a person with a disability, by and through his guardian ad litem David C. Shaw (“Petitioner”), has agreed to settle his claims against Defendants in exchange for $83,333.33. This case arises from the wrongful death of Cheryl Shaw, Claimant’s mother and Petitioner’s wife. The Complaint alleged loss of spousal services on behalf of Petitioner and wrongful death on behalf of Claimant. The entire case settled for $650,000, with $250,000 representing the maximum damages permitted by Code of Civil Procedure section 3333.2 (MICRA) and section 377.60. The Petition requests that third of the non-economic damages of $250,000 be allocated to Claimant without reduction for attorneys’ fees and costs. The attorneys’ fees on the entire settlement is $166,398.25 and the non-medical costs are $28,718.16. There are no medical expenses at issue.
The Probate Department has identified deficiencies as identified below:
Terms of