Nolan v. Lee Ho

The tragic circumstances underlying this medical malpractice suit do not immediately concern, yet cannot be divorced from, the issue before the Court: whether the trial court acted properly in vacating a final settlement agreement without having first conducted a testimonial hearing.

I

Plaintiff Pauline Nolan is blind, the result of a binary enucleation to remove malignant tumors during her infancy. Pauline’s daughter, Tara, was born on September 22, 1978. When Tara was' nearly a year old, she was diagnosed as having bilateral retinoblastoma, “[a] malignant type of tumor arising from the retina…