Order | Filed: July 02, 2026
Lackey v. United States Of America, et al.
Personal Inj. Med. Malpractice | New York Southern
Order
ORDER APPROVING THE SETTLEMENT IN A WRONGFUL DEATH CASE: IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the settlement between the Plaintiff and defendant THE UNITED STATES OF AMERICA, as set forth herein and in Exhibit A, is hereby approved. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that plaintiff SHONDA LACKEY, as Administrator of the Estate of LOU ESTHER LACKEY, be, and is hereby, authorized, empowered, and permitted to settle and enter into a compromise and settlement for the Cause s of Action for Pain and Suffering and Wrongful Death brought on behalf of LOU ESTHER LACKEY, and her estate and distributees, for the sum of EIGHT HUNDRED NINETY NINE THOUSAND DOLLARS AND NO CENTS ($899,000.00), to be paid by defendant THE UNIT ED STATES OF AMERICA. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that defendant UNITED STATES OF AMERICA shall pay the total sum of EIGHT HUNDRED NINETY NINE THOUSAND DOLLARS AND NO CENTS ($899,000.00), as provided by the terms and conditions of the Settlement Stipulation, and only after the stated conditions are met. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court finds that the reimbursable costs and expenses of The Jacob D. Fuchsberg Law Firm, LLP associated with the lit igation are TWENTY SIX THOUSAND TWO HUNDRED SEVENTY DOLLARS AND FOUR CENTS ($26,270.04), and that such expenses and costs are fair, reasonable, and necessary, and that the aforementioned disbursements can be withdrawn/paid by the Jacob D. Fuchs berg Law Firm from their client trust account from the Settlement Payment for the purposes of paying such attorneys amount. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the attorneys fees of The Jacob D. Fuchsberg Law Firm, LLP in this action sh all be set at TWO HUNDRED TWELVE THOUSAND FORTY FIVE DOLLARS AND NINETY NINE CENTS ($212,045.99), which is an amount not exceeding twenty-five percent (25%) of the Settlement Amount, are hereby approved and are found to be fair and reasona ble, and that the aforementioned attorneys fees can be withdrawn/paid by the Jacob D. Fuchsberg Law Firm from their client trust account from the Settlement Payment for the purposes of paying such attorneys amount. IT IS FURTHER ORDERED, ADJUDGED, A ND DECREED that Plaintiff and/or the Estate of LOU ESTHER LACKEY is legally responsible for any and all past, present, and future liens or claims for payment or reimbursement, including any liens or claims for payment or reimbursement by Medicaid, Me dicare, or healthcare providers, if any, including the Medicare Lien asserted against Plaintiffs recovery in the amount of $60,138.15, arising from the subject matter of the action against the UNITED STATES OF AMERICA. The Court hereby orders th e Plaintiff, by and through her attorneys, to satisfy or resolve any and all such valid past, present, and future liens or claims, if any for payment or reimbursement asserted by any individual or entity, including Medicaid and/or Medicare. IT IS FU RTHER ORDERED, ADJUDGED, AND DECREED that the Settlement is allocated EIGHTY PERCENT (80%) to the Cause of Action for Pain and Suffering, which amounts to SEVEN HUNDRED NINETY THOUSAND TWO HUNDRED DOLLARS AND NO CENTS ($719,200.00). and TW ENTY PERCENT (20%) to the Cause of Action for Wrongful Death, which amounts to ONE HUNDRED SEVENTY NINE THOUSAND EIGHT HUNDRED DOLLARS AND ZERO CENTS ($179,800.00), which results in the following breakdown of the settlement: As further se t forth herein. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the net proceeds of the Pain and Suffering Cause of Action ($466,521.52) are to be divided equally (25% each) among the four children of LOU ESTHER LACKEY, including SHONDA LACKEY ($116,630.38), Sidra Lackey ($116,630.38), Harvey Lackey ($116,630.38), and Esther Lackey ($116,630.38). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the net proceeds of the Wrongful Death Cause of Action ($132, 136.79), shall be distributed and allocated as follows: 70% to Esther Lackey ($92,495.76); 10% to SHONDA LACKEY ($13,213.68); 10% to Sidra Lackey ($13,213.68); and 10% to Harvey Lackey ($13,213.68). IT IS FURT HER ORDERED, ADJUDGED, AND DECREED that the funeral expenses of $1,532.00 paid for by Harvey Lackey using the savings of Lou Esther Lackey is hereby waived. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Settlement Proceeds, which inclu des the net distributable estate, are to be paid as follows: As further set forth herein. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the filing of a bond is hereby dispensed with. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that after the p ayment of all sums due and payable by the United States of America and the entering of an order dismissing this case, this Court shall not retain jurisdiction over this matter, this settlement, or the United States. (Signed by Judge Jesse M. Furman on 7/2/2026) (jjc) Transmission to Finance Unit (Cashiers) for processing.