Judges OK settlement between victims and Western Psych shooter’s estate

June 13--Two judges on Thursday approved a settlement between the estate of John Shick and victims of his shooting spree at Western Psychiatric Institute & Clinic of UPMC.

Shick, 30, of Oakland killed a therapist and wounded four others at Western Psych on March 8, 2012, before police shot and killed him.

Allegheny County Common Pleas Court Judges R. Stanton Wettick and Lawrence O'Toole entered an order approving a motion for the settlement. Details of the agreement are sketchy because it's confidential.

Attorneys in the case have said a $500,000 insurance payment would be split among eight plaintiffs -- including the family of Michael Schaab, 25, of Regent Square, whom Shick shot to death -- to settle lawsuits against Shick's estate.

The judges' approval was awaiting an affidavit from Susan Shick stating that her son had no other money.

Mark Homyak, attorney for the victims, couldn't be reached for comment.

David Rosenberg, the lawyer representing Shick's estate, said he couldn't discuss the settlement's terms other than to say it basically agrees that an arbitrator will decide how to divide the money among the plaintiffs.

O'Toole, an orphan's court judge, had to approve the settlement in addition to Wettick because some of the plaintiffs are minors.

A further wrinkle is that UPMC has told at least two victims that it will seek to recover what it paid for their medical treatment out of their shares of the settlement.

Former hospital receptionist Kathryn Leight, 66, of Shaler said in court documents that a former UPMC executive visited her in the hospital and told her UPMC would pay her medical bills. She's asking the judge to order UPMC to answer questions about that promise.

Jeremy Byers, 37, of Swissvale, a security guard wounded by Shick, has heard the same promises and subsequent reversal, said his attorney, William J. Gagliardino.

Gagliardino said he's talking with the hospital in hopes that it will drop the claim.

The settlement leaves one unresolved claim.

On May 28, Wettick threw out the victims' claims against Susan Shick, John Shick's mother, as well as the doctors who treated him. The judge also threw out most of the claims against UPMC, which owns Western Psych, but said the victims could pursue a claim over whether UPMC had proper security measures at the hospital.

Brian Bowling is a staff writer for Trib Total Media. He can be reached at 412-325-4301 or [email protected].

___

(c)2014 The Pittsburgh Tribune-Review (Greensburg, Pa.)

Visit The Pittsburgh Tribune-Review (Greensburg, Pa.) at www.triblive.com

Distributed by MCT Information Services