Pacheco et al v. United States of America
Plaintiff: Yesenia Pacheco, Luis Lemus and Sandra Lemus Pacheco
Defendant: United States of America
Case Number: 2:2015cv01175
Filed: July 24, 2015
Court: US District Court for the Western District of Washington
Office: Seattle Office
County: King
Presiding Judge: Robert S. Lasnik
Nature of Suit: Personal Injury- Medical Malpractice
Cause of Action: 28 U.S.C. ยง 2671
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
February 19, 2021 Opinion or Order Filing 227 AMENDED JUDGMENT: $1,542,294.81 to Yesenia Pacheco (less fees and proportionate costs), $1,000,000.00 to Luis Lemus (less fees and proportionate costs), $2,000,000.00 to Maxwell Graham (as fees and costs for the minor, SLP), $5 ,500,000 allocated to the minor SLP. Disposition of funds and establishment of a special needs trust is subject to state court approval. The Defendant is directed to pay $10,042,294.81 to the Clerk of the Court. Upon receipt of funds, the Cler k of the Court is directed to disburse $4,542,294.81 to Maxwell Graham, PS in trust for Yesenia Pacheco and Luis Lemus and $5,500,000 to the Clerk of the Court for Pierce County, Washington under Cause Number 13-2-13239-2.4. Authorized by Judge Robert S. Lasnik. (LH)
January 6, 2021 Opinion or Order Filing 218 ORDER DIRECTING CLERK TO ENTER JUDGMENT: The Clerk of Court is directed to enter judgment in favor of plaintiffs and against defendant in the total amount of $10,042,294.81, payable as follows: $1,542,294.81 to Yesenia Pacheco � 36;1,000,000.00 to Luis Lemus $2,000,000.00 to Maxwell Graham $3,000,000.00 to a Special Needs Trust established for SLP with Christi Fried as the Trustee; and $2,500,000 to BHG Structured Settlements, Inc., as assignee, to be used to procure an annuity contract issued by Berkshire Hathaway Life Insurance Company of Nebraska to fund the Trust. Signed by Judge Robert S. Lasnik. (LH)
November 10, 2020 Opinion or Order Filing 209 FINDINGS OF FACT AND CONCLUSIONS OF LAW: Plaintiffs' past special damages are $42,294.81, equaling the value of Medicaid's two liens. The net present value of SLP's future special damages for extraordinary medical, educational, and similar expenses attributable to her conditions is $7.5 million. Yesenia Pacheco's general damages are $1.5 million. Luis Lemus' general damages are $1 million. Each party shall, on or before November 18, 2020, submit a proposal for periodic payment of the future economic damage award. Signed by Judge Robert S. Lasnik. (LH)
September 1, 2020 Opinion or Order Filing 190 ORDER re: parties' 189 Stipulation for Extension of Time, signed by Judge Robert S. Lasnik. The deadline for filing the proposed pretrial order and deposition designations is extended from August 31, 2020 through September 1, 2020. (KERR)
August 27, 2020 Opinion or Order Filing 188 ORDER FOR REMOTE CIVIL BENCH TRIAL by Judge Robert S. Lasnik. Trial shall begin on Monday, September 14, 2020 at 9:00 a.m. Testimony will be heard from 9:00-11:00 a.m. and 2:00-4:00 p.m. Monday through Friday. Parties and counsel are to participate on September 8, 2020, at 10:00 a.m. with the court and its IT representative for a technology check. The courtroom deputy will supply the invitation link for those participating. (KERR)
August 4, 2020 Opinion or Order Filing 184 ORDER denying Plaintiffs' 174 Motion to Strike Medical Reversionary Trust. Signed by Judge Robert S. Lasnik.(LH)
June 8, 2020 Opinion or Order Filing 168 ORDER granting in part and denying in part Plaintiff's 146 Motions in Limine. Signed by Judge Robert S. Lasnik.(MW)
June 1, 2020 Opinion or Order Filing 164 ORDER REGARDING DEFENDANT'S MOTION IN LIMINE (Dkt. No. 149 ). Plaintiffsmay not recover for lost wages/expenses that would ordinarily be incurred as the result of the birth of a child, but they may recover for the loss of income associated with taking S.L.P. to medical appointments and therapy sessions. Signed by Judge Robert S. Lasnik. (TH)
May 22, 2020 Opinion or Order Filing 156 PROTECTIVE ORDER. Signed by Judge Robert S. Lasnik. (MW)
March 10, 2020 Opinion or Order Filing 135 ORDER SETTING PHASE 2 TRIAL DATE & RELATED DATES: Bench Trial (10 days) is set for 7/6/2020 before Judge Robert S. Lasnik. Motions in Limine due by 5/14/2020, Agreed Pretrial Order due by 6/24/2020, Trial briefs and trial exhibits to be submitted by 7/1/2020. Signed by Judge Robert S. Lasnik. (MW)
January 7, 2020 Opinion or Order Filing 120 ORDER granting in part Defendant's 114 Motions in Limine. Signed by Judge Robert S. Lasnik.(MW)
October 1, 2019 Opinion or Order Filing 101 ORDER granting in part and denying in part Defendant's 89 Motion to Continue and 94 Motion to Compel Rule 35 Examinations: Trial of the above-captioned matter is hereby bifurcated. The liability phase of the trial will begin on 1/22/2020. Signed by Judge Robert S. Lasnik.(MW)
June 18, 2019 Opinion or Order Filing 80 ORDER denying Defendant's 63 Motion to Dismiss and for Summary Judgment. Signed by Judge Robert S. Lasnik.(MW)
May 29, 2019 Opinion or Order Filing 75 ORDER granting Plaintiffs' 72 Motion for Relief from Certain Deadlines. Signed by Judge Robert S. Lasnik.(MW)
January 31, 2019 Opinion or Order Filing 61 ORDER LIFTING STAY. An amended case management order extending deadlines commensurate with the duration of the lapse in appropriations will be issued. Signed by Judge Robert S. Lasnik. (TH)
January 24, 2019 Opinion or Order Filing 59 ORDER granting defendants' 58 Motion to Stay Case in Light of Lapse of Appropriations. Signed by Judge Robert S. Lasnik. (SWT)
January 4, 2019 Opinion or Order Filing 57 ORDER granting 56 Stipulated Motion Extending Certain Pretrial Deadlines, signed by Judge Robert S. Lasnik. Expert Witness Disclosure/Reports under FRCP 26(a)(2) extended to 1/28/2019 (rebuttal reports due 30 days thereafter). Discovery deadline extended to 3/14/2019. All other dates in the current scheduling order are extended by 21 days with the exception of the trial date. (KERR)
November 1, 2018 Opinion or Order Filing 53 STIPULATION AND ORDER extending certain pretrial deadlines re parties' 52 Stipulation: Discovery completed by 1/22/2019, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 11/21/2018, by Judge Robert S. Lasnik. (SWT)
May 2, 2017 Opinion or Order Filing 48 STIPULATION AND ORDER FOR NEW TRIAL DATE AND PRETRIAL SCHEDULE 47 , by Judge Robert S. Lasnik. Plaintiffs' 45 Motion to Bifurcate Trial is withdrawn. Trial is continued to May 6, 2019. Pretrial deadlines shall be adjusted to reflect the new trial date. (KERR)
March 28, 2017 Opinion or Order Filing 40 ORDER granting plaintiffs' 37 Motion for leave to amend complaint by Judge Robert S. Lasnik.(RS)
February 22, 2017 Opinion or Order Filing 36 ORDER Denying 20 Plaintiffs' Motion for Summary Judgment and 32 Plaintiffs' Motion for Leave to Respond to arguments raised by the government at oral argument, by Judge Robert S. Lasnik. (RM) Modified on 2/23/2017 (KERR).
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Plaintiff: Yesenia Pacheco
Represented By: Steve Ralph Alvarez
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Plaintiff: Luis Lemus
Represented By: Steve Ralph Alvarez
Represented By: Michael A Maxwell
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Plaintiff: Sandra Lemus Pacheco
Represented By: Steve Ralph Alvarez
Represented By: Michael A Maxwell
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Defendant: United States of America
Represented By: Patricia D Gugin
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