This was a Rule 7.08 motion for court approval of a $5 million settlement for a minor, Ethan Ajayi, in a medical negligence action.
Unusually, the plaintiffs' counsel did not support the settlement terms but was instructed by the litigation guardian to seek approval.
The court approved the settlement and the associated legal fees, finding it to be in the minor's best interests given the inherent risks of litigation, particularly concerning causation and liability.
The decision also addressed the granting of a partial sealing order to protect solicitor-client privileged information, while declining the request for an in camera hearing, thereby balancing the principle of open courts with the need to preserve fair trial rights.
