Proceedings
that the plaintiff had erected in connection with the
claims he had against Columbia Presbyterian. And that
was expressly raised at the oral allocution of the
settlement by Judge Heitler. And plaintiff acknowledged
to Judge Heitler, both plaintiffs, that they understood
confidentiality provision, which was expressly
articulated in the release document.
Despite all of that, 3 months later they
sought to vacate the settlement in a motion made before
Judge Heitler, where they raised the issue of their
lawyer’s alleged coercion and duress.
They claimed, they did not understand that
they had to have confidentiality. They claimed, that
they did not understand that they had to dismantle the
web site. They claimed, that they believed that the
hospital would give them a half a million dollars and
allow them to continue to make out accusations of wrong
doing against the hospital in that web site. They
claimed, they didn’t really want to settle.
And Judge Heitler examined that decision.
In addition, in that motion to vacate the
settlement they also sought to vacate the attorneys
fees. In conjunction with both of those applications
Judge Heitler denied the motion to vacate the
settlement, expressly acknowledged that the settlement
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