The plaintiffs brought a motion under Rule 7.08 for court approval of a $10,000,000 settlement arising from a medical malpractice claim involving severe birth injuries to the minor plaintiff.
The minor plaintiff sustained permanent neurological injuries, including cerebral palsy, requiring 24-hour care for the rest of her life.
The court approved the settlement allocation for the minor, her parents, and OHIP, finding it fair and reasonable given the significant litigation risks regarding standard of care and causation.
The court also authorized the parents to use a portion of their settlement funds to immediately purchase a wheelchair-accessible home, while reserving its decision on the proposed $3,136,500 counsel fee pending input from the Office of the Children's Lawyer.
