Date: 10-17-2014

Case Style: Jennifer Davids and Richard Shane Davis v. Lauren Larae Roy

Case Number: CJ-2011-6724

Judge: Mary Fitzgerald

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Tom Sullivent and Sid Martin

Defendant's Attorney: Mark Smiling

Grant Brown and Jim Clinton for Tulsa Spine & Specialty Hospital and Tulsa Integrated Pain Services

Description: On July 23, 2010, Plaintiffs were injured in an automobile accident caused by the negligence of the Defendant.

On October 31, 2011, the Plaintiffs filed a Petition in the District Court, Tulsa County, Oklahoma against Defendant.

Plaintiffs retained counsel on a 45% contingency fee contract to make all claims and effectual all recoverieds resulting from the injuries.

Plaintiffs and Defendant agreed to a settlement in which Defendant's insurance carrier agreed to pay Jennifer Davis and $55,000 and Richard Shane Davis $15,000.00.

The settlement was insufficient to compensate Plaintiffs for their pain and suffering and lost income and insufficient to compensate their Counsel for their attorney lien for fees and costs in the amount of $33,114.79 and was insufficient to compensate all medical providers, liened and unliened, with interests in said settlement proceeds.

The following medical providers have rendered medical providers have rendered medical treatment and are claiming interest in the above said settlement proceeds for Plaintiffs:

Providers with Liens on Jennifer Davis

Oklahoma Surgical Hospital $24,215.99
Tulsa Spine & Specialty Hospital $20,242.06
Tulsa Integrated Pain Services $ 4,720.00
Daren L. Kirk $ 1,942.15
St. John Owasso Hospital $ 1,794.92
ERISA lien on Jennifer Davis
The Rawlings Company (Aetna Health Plans) $ 2,982.17
(Reduced by agreement from $20,045.44)
Providers without liens on Jennifer Davis’
Eastern OK Orthopedic Center $12,299.00
Tulsa Neurospine $ 6,459.93
Synaptic Resources, LLC $ 6,040.00
Orthofix, Inc. $ 4,995.00
Neurologic Services $ 4,507.00
Associated Anesthesiologist $ 2,640.00
Craig General Hospital $ 1,400.75
Dr. James Webb, Jr. $ 996.00
Skiatook Osteopathic Clinic $ 484.00
First Steps Orthotics & Prosthetics $ 455.00
Craig General Hospital ER Physicians $ 233.00
St. John ER Physician Billing $ 188.50
Tulsa Radiology Associates $ 146.00
Dr.VU $ 108.00
Radiological Services $ 103.00

Nonmedical claimant Lien on Jennifer Davis

Oasis Legal Finance $51,370.00

Providers with Liens on Shane Davis

Daren L. Kirk $ 1,365.15
Omni Medical Group $ 148.00
ERISA lien on Shane Davis
The Rawlings Company (Aetna Health Plans) $ 578.90 (Reduced by agreement from $15,370.00)
Providers Without Liens on Shane Davis2
Bailey Medical Owasso $ 4,032.00
Craig General Hospital $ 1,370.50
Skiatook Osteopathic Clinic, Inc. $ 580.00
Dr. Vu $ 532.00
Diagnostic Imagining $ 234.00
Craig General Hospital ER Physicians $ 156.00
Radiological Services $ 132.00
Nonmedical claimant Lien on Shane Davis
Oasis Legal Finance $20,995.00

Plaintiffs request that this Court use its equitable powers in allocating the
$70,000 by disbursing attorney’s fees and costs to Counsel for Plaintiffs in the amount of
$33,114.79, and by equitably disbursing the remaining balance of $36,885.21 among all appearing and entitled parties, and the Plaintiffs in compensation for their pain and suffering.

Jennifer Davis: $55,000 — attorney fee: $24,750 and costs: $814.84 ($25,564.84) = $29,435.16 balance to distribute
Shane Davis: $15,000— attorney fee: $6,750 and costs: $799.95 ($7,549.95)
= $7,450.05 balance to distribute

All persons or entities with a possible interest in the settlement proceeds known to these Plaintiffs have been notified. Plaintiffs have diligently searched and inquired as to all parties and entities that might have an interest in the settlement proceeds. As soon as Plaintiff ascertains notice from anyone not provided for in this Petition, Plaintiff will move to amend said Petition and add such proper party.
9. Said Defendant is currently holding settlement funds until this Court order how said settlement funds are to be disbursed.

WHEREFORE, premises considered, the Plaintiffs pray that this Court determine the reasonableness and necessity of the services provided by the above-named medical providers, use its equitable powers in distributing the settlement funds among all those parties with claims against it, including the Plaintiffs, their counsel, and all medical providers.

Outcome: NOW on this 3’ day of September, 2014, the Plaintiff’s Motion to Distribute comes on before the Court.

THE COURT FINDS that proper notice was given to all parties except that it camiot be confirmed that proper notice was given to St. John ER Physicians. Therefore,
the parties present agreed that St. John ER Physicians would receive a pro rata share of distribution.

THE COURT FURTHER FINDS that all parties preseijt received a proportionate share No one else appeared Therefore, their liens are stricken ad they received nothing through this settlement.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the agreed settlement with the Defendant shall be distributed among the lienholders and Plaintiffs as set forth in the Order approved by the attorneys and the Court filed this date, a copy of which is attached hereto as Exhibit A.

After expenses, $25,288.09 of Jennifer's $55,000 settlement was distributed to Oklahoma Surgical Hospital in the amount of $12,578.21; Tulsa Spine Hospital in the amount of $10,514.08; Tulsa Integrated Pain Services in the amount of $2,451.65; St. John Owasso Hospital in the amount of $646.24 and St. John ER Physicians in the amount of $97.91. For Shan's $15,000 settlement, Craig County Hospital received $1,370.50 and Omini Medical Group received $148.00 with Shane receiving the balance left of $5,182.25.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Comment: The outcome of this case is representative of the outcomes in many personal injury cases litigated Tulsa County, Oklahoma.