H. Brown

The plaintiffs sought clarification of an endorsement that partially approved a $10,000,000 medical malpractice settlement on behalf of a minor.

The court convened a case conference and agreed to minor edits regarding the names of medical professionals and the exact amount of proposed counsel fees.

The court also clarified the net recovery amount for the minor's parents, which could be used for a property purchase, and the distribution of the structured and non-structured settlement funds.

The court remained seized of the matter pending the final disposition of the proposed counsel fee and the application for guardianship of property.

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.

The plaintiffs brought a motion under Rule 7.08 for court approval of a $10,000,000 settlement in a medical malpractice action involving a minor who suffered severe birth injuries resulting in cerebral palsy.

The plaintiffs' counsel sought approval of a contingency fee of $3,136,500.

The court adjourned the motion, finding that it could not assess the reasonableness of the proposed fee without reviewing the time dockets for each professional who worked on the file.