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Holt v. St. Luke's Health System

United States District Court, S.D. Texas, Houston Division

May 15, 2018

KELLY HOLT, Individually, JEDIDIAH HOLT, Individually, GEORGIA DEAN, As Next Friend of J.R.H., A Minor, and JAMES RICHARD HOLT, Independent Executor of the Estate of JESSIE ROSS HOLT, Deceased
v.
ST. LUKE'S HEALTH SYSTEM d/b/a CHI ST. LUKE'S PATIENTS MEDICAL CENTER, PMC HOSPITAL, L.L.C. d/b/a CHI ST. LUKE'S PATIENTS MEDICAL CENTER, KEVIN A. LISMAN, M.D., HOUSTON CARDIOVASCULAR ASSOCIATES; and EVAN B. TOW, D.O.

          THE ONSTAD LAW FIRM Rockne W. Onstad ATTORNEY FOR PLAINTIFFS KELLY HOLT, JEDIDIAH HOLT, GEORGIA DEAN as Next Friend of Minor JXXXXX R. HXXX, and JAMES RICHARD HOLT as Independent Executor of the Estate of JESSIEE ROSS HOLT

          BOSTON & HUGHES, P.C. James R. Boston, Jr. ATTORNEYS FOR DEFENDANTS KEVIN LISMAN, M.D. and HOUSTON CARDIOVASCULAR ASSOCIATES

          LUCCIA & EVANS, L.L.P. Frank N. Luccia, Lauren M. Virene ATTORNEYS FOR DEFENDANTS ST. LUKE'S HEALTH SYSTEM d/b/a CHI ST. LUKE'S PATIENTS MEDICAL CENTER, PMC HOSPITAL, LLC d/b/a CHI ST. LUKE'S PATIENTS MEDICAL CENTER

          SERPE, JONES, ANDREWS, CALLENDER & BELL, P.L.L.C. John S. Serpe, Brett R. Sheneman ATTORNEYS FOR DEFENDANT EVAN B. TOW, D.O.

          McCLOSKEY ROBERSON, P.L.L.C. Gail M. Brownfeld GUARDIAN AD LITEM FOR JXXXXX R. HXXX, a Minor

          AGREED FINAL JUDGMENT

         ON THIS DAY, came on for consideration the .parties' Agreed Motion for Entry of Agreed Final Judgment in the above entitled and numbered cause wherein Kelly Holt, Individually, Jedidiah Holt, Individually, Georgia Dean as Next Friend of J.R.H., a Minor, and James Richard Holt, Independent Executor of the Estate of Jessie Ross Holt, are the Plaintiffs and St. Luke's Health System d/b/a CHI St. Luke's Patients Medical Center, PMC, Hospital L.L.C. d/b/a CHI St. Luke's Patients Medical Center, Kevin A. Lisman, M.D., Houston Cardiovascular Associates, and Evan B. Tow, D.O. are the Defendants. All parties have previously appeared in person or by and through their attorneys of record. The parties above have announced to the Court that they have compromised, settled, and/or otherwise resolved all matters in controversy between them, that they waived their rights to trial by jury, and that they desired to submit this case to the Court for final judgment.

         I.

         The Court has heard evidence and testimony regarding the proposed settlement, and after considering these pleadings, evidence and arguments of counsel, the Court is of the opinion and finds that the liability of these Defendants is uncertain, doubtful and disputed; that Plaintiffs are fully informed with respect to the facts of liability, the doubtful and disputed nature of the cause of action, and the nature and extent of damages claimed; and that with full knowledge of such facts, the parties have agreed to compromise, settle and/or otherwise resolve this action for the consideration set forth in the parties' Compromise Settlement Agreements and Full Releases and described to the Court on May 15, 2018.

         II.

         The terms of the Compromise Settlement Agreements and Full Releases, incorporated herein by reference, were presented to the Court, including: the full release of all claims and causes of action against the Defendants by the Plaintiffs; and the amounts to be paid by the Defendants to the Plaintiffs. The executed originals of the Compromise Settlement Agreements and Full Releases will be retained by the Parties.

         The Court is further of the opinion and finds that the agreement to settle all claims, demands and causes of action against all Defendants is reasonable, fair, just and in the best interest of the minor, J.R.H., and the Compromise Settlement Agreements and Full Releases are in all respects approved, incorporated and made a part of this Order.

         III.

         It is, therefore, ORDERED, ADJUDGED AND DECREED that, as agreed by all parties, Plaintiffs will receive from Defendants, the sums and amounts specifically set forth in the Compromise Settlement Agreements and Full Releases.

         The Court hereby finds that the amounts to be paid to Plaintiffs are damages only on account of personal injuries or physical sickness, within the meaning of Section ...


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