RESOLUTION NO. RS2013-859

A resolution authorizing the Metropolitan Department of Law to compromise and settle the subrogation claim of the Metropolitan Government of Nashville and Davidson County against Vanderbilt University d/b/a Vanderbilt Medical Center and Medical Necessities and Services, LLC, in the amount of $10,000.

WHEREAS, on February 29, 2008, Terry Lee Davis was admitted to Vanderbilt for shoulder surgery; and,

WHEREAS, Mr. Davis, as spouse of Metropolitan Hospital Authority (“MHA”) employee Charlotte Davis, was on the self-insured medical plan offered by the Metropolitan Government to MHA employees, their spouses and dependents; and,

WHEREAS, a lawsuit was filed by Mr. and Mrs. Davis pertaining to the surgery; and,

WHEREAS, the Metropolitan Government has a subrogation interest in the lawsuit relating to the medical benefits paid to Mr. Davis under the plan; and,

WHEREAS, after investigation, the Metropolitan Department of Law believes the settlement amount as set forth in Section 1 is fair and reasonable and recommends that the claim be compromised and settled.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1: The Metropolitan Department of Law is authorized to compromise and settle its subrogation interest relating to the lawsuit of Terry and Charlotte Davis, currently pending in the First Circuit Court of Davidson County, Docket No. 08C-3187 for the sum of $10,000, and that this amount be deposited into the appropriate fund as determined by the Department of Finance.

Section 2: This resolution shall take effect from and after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Ronnie Steine

LEGISLATIVE HISTORY

Referred to: Budget & Finance Committee
Introduced: September 17, 2013
Adopted: September 17, 2013
Approved: September 18, 2013
By: mayor's signature

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