Mathis v. St. Alexis Hospital

After Mary Mathis died at St. Alexis Hospital (defendant), her children (plaintiffs) sued for wrongful death, but their own expert later told them and their attorney that the hospital wasn't the proximate cause of her death; the children then signed a settlement promising not to pursue claims regarding their mother's death, in exchange for which the hospital agreed not to seek costs or attorney's fees for the lawsuit. A year later, the children sued again for wrongful death and sought to rescind the settlement, arguing it lacked consideration because the hospital was never actually entitled to costs and fees against them personally, as opposed to their attorney. The trial court granted the hospital summary judgment, and the children appealed.