The terms of the settlement will require that a local, neutral third party oversee the day-to-day care of Redstone, according to a source, who asked to remain anonymous because they are not permitted to speak to the media.
Other details of the settlement could not be determined. A judge is expected to review it for approval by the end of this week.
His daughter Shari Redstone was designated as his new health-care agent earlier this week.
Herzer filed her lawsuit in November, one month after she was suddenly banned from Redstone’s Beverly Park mansion and removed as his primary caretaker.
She was to receive ‘$50 million and Redstone’s Beverly Park home, worth roughly $20 million’ upon his death according to a court filing earlier this month in the Superior Court of the State of California.
That money would come on top of the $70million in cash and assets Redstone’s daughter Shari said her father gave to Herzer since just 2009 while she lived near his home.
Herzer filed more paperwork in the Superior Court of the State of California in February after the 92-year-old was evaluated by Dr. Stephen L. Read, who stated that Redstone is not capable of acting in his ‘own rational self-interest’ and ‘lacked the mental capacity to make a change in his appointed health care agent’ at the time he kicked Herzer out of his home.
Herzer, 52, also provided a timeline of her relationship with Redstone, from when they first met and began dating in 1999 through the day he stepped down as head of Viacom earlier this month.
Included in that timeline are two visits from Heidi MacKinney, a woman who Redstone had sex with while a nurse stood in the room and coached him according to Herzer.
‘During Heidi MacKinney’s visits with Mr. Redstone, Nurse [Jeremy] Jagiello was in the room and would tell her what sex acts to perform; that sometimes he would tell Mr. Redstone that he had ejaculated when in fact he had not, and that Mr. Redstone believed him,’ Herzer said in her court filing.
This incident was revealed by Herzer to support her claim that Redstone ‘is the victim of undue influence, fraud and manipulation.’
According to the timeline, MacKinney came to visit Redstone around October 3 and ‘testified that when she offered to be intimate with him, Mr. Redstone appeared uncharacteristically “non-responsive and vacant,” and that she vowed not to return.’
MacKinney did however return according to Herzer on October 10, but ‘cuts the visit short after observing that Mr. Redstone appeared to be unaware of her presence, much less able to communicate with her.’
Redstone was ‘barely a shadow of the man I had once known,’ according to MacKinney. The timeline also details Redstone’s tempestuous relationship with his daughter Shari, claiming that in late 2014 he offered his daughter ‘$1billion to surrender her stake in National Amusements Inc.,’ an offer she declined.
Then, just this past September, the filing claims that Redstone had Shari and her son Tyler ordered out of his home.
Off the hook: His daughter Shari Redstone was designated as his new health-care agent earlier this week.
The April issue of Vanity Fair also revealed a few of the claims being made by Herzer in her filing. One of these allegations details the media magnate’s decision to ignore the advice of medical professionals when they urged him to limit his sexual activity to just once a week so he could have enough energy to swallow on his own.
If Redstone could pass his swallowing test then the feeding tube in his throat could be removed Herzer claims he was told in her filing, and as a result he would be able to enjoy his favorite food once again – steak.
‘Sumner is obsessed with eating steak and would attempt to eat one if it were placed in front of him, not seeming to recall or understand why he cannot do so,’ wrote Herzer.
Redstone refused to take this advice however according to Herzer, choosing sex over the ability to eat solid food.
Battle: Herzer filed a suit against Redstone’s estate and his daughter Shari (above with her father in 2012) after she was removed as his primary caretaker in October
Then there is the report of a tape featuring a ‘butt naked’ Redstone, which comes not from Herzer or her filing but rather multiple sources who spoke to Vanity Fair
The alleged tape was filmed at Redstone’s $20million Beverly Park mansion according to sources and shows the nonagenarian sitting naked in a chair while watching two women kiss.
It was allegedly filmed by one of his ‘handlers.’
Redstone also reportedly heaves his body over the chair’s armrest at one point in the alleged tape, drawing the attention of the two women.
An individual who was told about the contents of the tape said; ‘He’s just sitting there, kind of like comatose.’
Another person with knowledge about what was filmed said that the thought of the alleged tape ‘ruined my sex life for a couple of weeks.’