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FINDINGS AND ORDER APPROVING SETTLEMENT OF ALL

CLAIMS OF THE MINOR, PAYMENT OF ATTORNEY FEES

AND COSTS, PAYMENT OF GUARDIAN AD LITEM FEES AND

COSTS, AND APPOINTMENT ATTORNEY FOR SPECIAL

NEEDS TRUST - 1

CASE NO. C06-5297RJB

CAROL L. HEPBURN, P.S.

550 ELLIOTT BAY OFFICE PARK

300 ELLIOTT AVENUE WEST

SEATTLE, WA 98119

TEL: (206) 281-9000 / FAX: (206) 281-9111

Carol L. Hepburn, WSBA #8732 

Carol L. Hepburn, P.S.

300 Elliott Avenue West, Suite 550

Seattle, WA 98119

(206) 281-9000

Fax: (206) 281-9111

Attorneys for Plaintiffs

J. William Savage, WSBA #32148

J. William Savage, P.C.

620 S.W. Fifth Avenue, Suite 1125

Portland, OR 97204

(503) 222-0200

Fax: (503) 248-0200

Attorneys for Plaintiffs

The Honorable Robert J. Bryan

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON

AT TACOMA

WILLIAM L.E. DUSSAULT, Guardian Ad

Litem for J.B., a minor; TIMOTHY and

ESTHER BUCKMAN, wife and husband and

parents of J.B.,

Plaintiffs,

 v.

PENINSULA WOMEN’S CLINIC, P.L.L.C., a

Washington Corporation; ROBERT H.

PALMER, JR., M.D.; DEBORAH G. BOPP,

R.N., C.N.M., A.R.N.P.; CLALLAM

COUNTY PHD #2 d/b/a OLYMPIC

MEDICAL CENTER; CATHY L. REGISTER,

R.N.; and Unknown John and Jane Does,

 

 Defendants.

CASE NO. C06-5297RJB

AMENDED FINDINGS AND ORDER

APPROVING SETTLEMENT OF ALL

CLAIMS OF THE MINOR, PAYMENT OF

ATTORNEY FEES AND COSTS,

PAYMENT OF GUARDIAN AD LITEM

FEES AND COSTS, AND APPOINTMENT

OF ATTORNEY FOR SPECIAL NEEDS

TRUST

Hearing Date: Thursday, May 3, 2007

THIS MATTER having come on before the above titled Court on Petition of the Attorneys

for Minor Child and the Guardian Ad Litem herein, the Court having reviewed:

Case 3:06-cv-05297-RJB Document 85 Filed 05/07/07 Page 1 of 7
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FINDINGS AND ORDER APPROVING SETTLEMENT OF ALL

CLAIMS OF THE MINOR, PAYMENT OF ATTORNEY FEES

AND COSTS, PAYMENT OF GUARDIAN AD LITEM FEES AND

COSTS, AND APPOINTMENT ATTORNEY FOR SPECIAL

NEEDS TRUST - 2

CASE NO. C06-5297RJB

CAROL L. HEPBURN, P.S.

550 ELLIOTT BAY OFFICE PARK

300 ELLIOTT AVENUE WEST

SEATTLE, WA 98119

TEL: (206) 281-9000 / FAX: (206) 281-9111

1. The Petitions for Approval of Partial and Final Minor Settlements, Fees and Costs,

and Appointment Limited Guardian in this matter;

2. The Declarations and attachments of Counsel J. William Savage;

3. The Initial Guardian Ad Litem Report and Recommendations;

 4. The Guardian Ad Litem Fee Declaration filed March 22, 2007;

5. The Supplemental Guardian Ad Litem Report and Recommendations;

6. The Supplemental Guardian Ad Litem Fee Declaration;

7. The Notice to Interested Parties filed March 23, 2007; 

 8. The Notice to Interested Parties filed April 27, 2007; 

 9. The Declarations and attachments of Carol L. Hepburn filed May 2, 2007; 

 10. The entire file; and the court having heard the statements of the Guardian Ad Litem,

counsel, and of Timothy Buckman, father of J.B., in open court, Mr. Buckman appearing by

telephone, and 

Good cause appearing, now therefore the Court enters the following:

I.FINDINGS

1.1 The settlements tentatively reached of the minor child’s personal injury claims

against Clallam County PHD #2 d/b/a Olympic Medical Center and Cathy Register, R.N., in the

amount of $375,000.00, and against PENINSULA WOMEN’S CLINIC, P.L.L.C.; ROBERT H.

PALMER, JR., M.D.; DEBORAH G. BOPP, R.N., C.N.M., A.R.N.P.; MADELINE

HARRINGTON, M.D. and PENINSULA CHILDREN’S CLINIC in the total amount of

$500,000.00 are fair, appropriate, reasonable and in the best interests of the child. The Guardian

Ad Litem is authorized and directed to execute any and all instruments necessary to effect the

same on behalf of J.B., and discharging said Defendants;

Case 3:06-cv-05297-RJB Document 85 Filed 05/07/07 Page 2 of 7
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FINDINGS AND ORDER APPROVING SETTLEMENT OF ALL

CLAIMS OF THE MINOR, PAYMENT OF ATTORNEY FEES

AND COSTS, PAYMENT OF GUARDIAN AD LITEM FEES AND

COSTS, AND APPOINTMENT ATTORNEY FOR SPECIAL

NEEDS TRUST - 3

CASE NO. C06-5297RJB

CAROL L. HEPBURN, P.S.

550 ELLIOTT BAY OFFICE PARK

300 ELLIOTT AVENUE WEST

SEATTLE, WA 98119

TEL: (206) 281-9000 / FAX: (206) 281-9111

1.2 Both the parents of the minor child and the Guardian Ad Litem have signed fee

agreements with Plaintiffs’ counsel providing for payment of a 40% professional negligence

contingent fee plus reimbursement of litigation costs advanced. 

1.3 The attorney fees of $350,000.00, which is calculated pursuant to agreement, are

appropriate, fair and reasonable for prosecution of these complex claims on behalf of the minor

child. The court deducted $2,521.29 travel costs from the $76,303.60 requested because

responsibility for those expenses was not clearly set out in the fee agreements. 

1.4 The litigation costs of $73,782.31 are appropriate, fair and reasonable for

prosecution of these claims on behalf of the minor child.

1.5 The Guardian Ad Litem, fees requested of $21,631.49 are appropriate, fair and

reasonable.

1.6 The lien held by the State of Washington has been negotiated to a tentative

resolution providing for satisfaction upon payment of $5,908.60. This is a fair and reasonable

amount. It is in the best interest of the child that the state lien claims of Alaska and Oregon be

negotiated pursuant to the U.S. Supreme Court’s decision in Ahlborn, 547 US 268, 126 S.Ct.

1752 (May 1, 2006) to satisfactory resolution, if possible, or if not possible that all of the liens be

brought back to this Court for resolution. An additional $14,555.00 should be reserved for

satisfaction of these liens.

1.7 A qualified special needs trust approved by this Court and overseen by Pierce

County Superior Court pursuant to SPR 98.16 is the most appropriate option for receipt and

management of the net settlement proceeds remaining available for the benefit of J.B.;

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FINDINGS AND ORDER APPROVING SETTLEMENT OF ALL

CLAIMS OF THE MINOR, PAYMENT OF ATTORNEY FEES

AND COSTS, PAYMENT OF GUARDIAN AD LITEM FEES AND

COSTS, AND APPOINTMENT ATTORNEY FOR SPECIAL

NEEDS TRUST - 4

CASE NO. C06-5297RJB

CAROL L. HEPBURN, P.S.

550 ELLIOTT BAY OFFICE PARK

300 ELLIOTT AVENUE WEST

SEATTLE, WA 98119

TEL: (206) 281-9000 / FAX: (206) 281-9111

1.8 The settlement proceeds should not be deemed to have been received by, to be

available to, or to have come into the possession or under the control of, J.B., his parents, or any

guardian appointed on his behalf; 

1.9 It is further in the best interests of the child that the Guardian Ad Litem, William

E. Dussault, an attorney with appropriate background and expertise to develop a special needs

settlement Trust for the benefit of J.B. which is in compliance with SPR 98.16W and 42 USC

1396(d)(4)(A) is hereby appointed to draft such a trust at the sole expense of defendants Palmer,

Bopp & Harrington, pursuant to their agreement;

1.10 Such trust should be submitted to this Court for approval and the net settlement

proceeds from this portion of the settlement remaining for the benefit of J.B. in the approximate

amount of $412,656.51 (after payment of all fees, costs, and other claims approved herein) be

paid to the Trustee of the Special Needs Trust for the benefit of J.B. to be held, managed and

distributed pursuant to all of the terms and conditions of said Court-approved Trust. The total

proceeds from settlement with all parties remaining for the benefit of J.B. will be in the

approximate amount of $412,656.51, plus any funds remaining after satisfaction of Alaska and

Oregon liens. 

1.11 The court heard and carefully considered the comments and concerns of J.B.’s

father, Timothy Buckman, and, in particular, his concerns about exactly how the funds available

will be spent for J.B.’s benefit. Those concerns are not now before this court, but should be

addressed through the special needs trust to be established. 

Based on the foregoing Findings, the Court enters the following:

II.ORDER

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FINDINGS AND ORDER APPROVING SETTLEMENT OF ALL

CLAIMS OF THE MINOR, PAYMENT OF ATTORNEY FEES

AND COSTS, PAYMENT OF GUARDIAN AD LITEM FEES AND

COSTS, AND APPOINTMENT ATTORNEY FOR SPECIAL

NEEDS TRUST - 5

CASE NO. C06-5297RJB

CAROL L. HEPBURN, P.S.

550 ELLIOTT BAY OFFICE PARK

300 ELLIOTT AVENUE WEST

SEATTLE, WA 98119

TEL: (206) 281-9000 / FAX: (206) 281-9111

2.1 The proposed settlement of the personal injury claim of the minor child J.B.,

against CLALLAM COUNTY PHD #2 D/B/A OLYMPIC MEDICAL CENTER and CATHY

REGISTER, R.N., for personal injuries sustained on June 9, 2001 for $375,000.00 gross

proceeds is approved and the Guardian Ad Litem William L. E. Dussault is hereby granted the

authority to sign, and he is directed to sign, appropriate releases and closing documents for

resolution and partial settlement of the minor’s claim in addition to his other duties.

2.2 CLALLAM COUNTY PHD #2 D/B/A OLYMPIC MEDICAL CENTER and

CATHY REGISTER, R.N. shall cause to be paid to Plaintiff’s counsel Carol L. Hepburn, Carol

L. Hepburn, P.S. in trust on behalf of the minor child, J.B., the sum of $375,000.00 in settlement

of all claims against them herein.

2.3 The proposed settlement of the personal injury claims of the minor child J.B.,

against PENINSULA WOMEN’S CLINIC, P.L.L.C.; ROBERT H. PALMER, JR., M.D.;

DEBORAH G. BOPP, R.N., C.N.M., A.R.N.P.; MADELINE HARRINGTON, M.D., and

PENINSULA CHILDREN’S CLINIC., for personal injuries sustained on June 9, 2001 for

$500,000.00 gross proceeds is approved and the Guardian Ad Litem William L. E. Dussault is

hereby granted the authority to sign, and he is directed to sign, appropriate releases and closing

documents for resolution and partial settlement of the minor’s claim in addition to his other

duties.

2.4 PENINSULA WOMEN’S CLINIC, P.L.L.C.; ROBERT H. PALMER, JR., M.D.;

DEBORAH G. BOPP, R.N., C.N.M., A.R.N.P.; MADELINE HARRINGTON, M.D., and

PENINSULA CHILDREN’S CLINIC shall cause to be paid to Plaintiff’s counsel Carol L.

Hepburn, Carol L. Hepburn, P.S. in trust on behalf of the minor child, J.B., the sum of

$500,000.00 in settlement of all claims against them herein.

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FINDINGS AND ORDER APPROVING SETTLEMENT OF ALL

CLAIMS OF THE MINOR, PAYMENT OF ATTORNEY FEES

AND COSTS, PAYMENT OF GUARDIAN AD LITEM FEES AND

COSTS, AND APPOINTMENT ATTORNEY FOR SPECIAL

NEEDS TRUST - 6

CASE NO. C06-5297RJB

CAROL L. HEPBURN, P.S.

550 ELLIOTT BAY OFFICE PARK

300 ELLIOTT AVENUE WEST

SEATTLE, WA 98119

TEL: (206) 281-9000 / FAX: (206) 281-9111

2.5 The proposed settlement in the amount of the lien held by the State of

Washington for reimbursement of Medicaid moneys paid on behalf of the minor child J.B. for

$5,908.60 is hereby approved and Plaintiff’s counsel is directed to satisfy this lien from the

settlement proceeds herein.

2.6 The Guardian Ad Litem, and/or counsel for the Guardian Ad Litem, shall negotiate

the amount of the state lien claims held by Oregon and Alaska pursuant to the U.S. Supreme

Court’s decision in Ahlborn, 547 US 268, 126 S.Ct. 1752 (May 1, 2006). The sum of $14,555.00

shall be reserved from the settlement proceeds for this purpose. In the event a satisfactory

negotiation of those multi-state claims cannot be made, they shall be brought back to this court

for hearing and resolution.

2.7 Fees and cost for Mr. William L. E. Dussault for his service as Guardian Ad Litem

in the amount of $21,631.49 shall be paid to Dussault Law Group from the settlement proceeds.

2.8 The attorney fees of $350,000.00, and the litigation costs of $73,782.31 shall be

paid from the settlement proceeds to Plaintiff’s counsel, Carol L. Hepburn, P.S.

2.9 The settlement proceeds shall not be deemed to have been received by, to be

available to, or to have come into the possession or under the control of, J.B., his parents, or any

guardian appointed on his behalf; 

2.10 William E. Dussault, the Guardian Ad Litem, who is an attorney with appropriate

background and expertise to develop a special needs settlement Trust for the benefit of J.B.

which is in compliance with SPR 98.16W and 42 USC 1396(d)(4)(A) is hereby appointed to

draft such a trust, at the sole expense of defendants Palmer, Bopp and Harrington;

2.11 Said trust shall be submitted to this Court for approval and the net settlement

proceeds remaining for the benefit of J.B. in the approximate total amount of $412,656.31 (after

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FINDINGS AND ORDER APPROVING SETTLEMENT OF ALL

CLAIMS OF THE MINOR, PAYMENT OF ATTORNEY FEES

AND COSTS, PAYMENT OF GUARDIAN AD LITEM FEES AND

COSTS, AND APPOINTMENT ATTORNEY FOR SPECIAL

NEEDS TRUST - 7

CASE NO. C06-5297RJB

CAROL L. HEPBURN, P.S.

550 ELLIOTT BAY OFFICE PARK

300 ELLIOTT AVENUE WEST

SEATTLE, WA 98119

TEL: (206) 281-9000 / FAX: (206) 281-9111

payment of all fees, costs, reserves and other claims approved herein) shall be paid to the Trustee

of the Special Needs Trust for management of the net settlement funds available to J.B. with

ongoing supervision of that trust directed to the Pierce County Superior Court. The qualified

special needs trust shall also receive any funds remaining after resolution of the lien claims

herein. 

Dated this 7th day of May, 2007.

A

ROBERT J. BRYAN

United States District Judge

Presented by:

CAROL L. HEPBURN, P.S.

s/Carol L. Hepburn

Carol L. Hepburn, WSBA 8732

Attorney for Plaintiffs

J. WILLIAM SAVAGE, P.C.

s/J. William Savage

J. William Savage, WSBA #32148

Attorney for Plaintiffs

Case 3:06-cv-05297-RJB Document 85 Filed 05/07/07 Page 7 of 7