S.B. et al v. United States Of America et al
| S.B. and Dorothy Woods |
| United States Of America, Mukai Jaravaza and The Greater Hudson Valley Family Health Center Inc. |
| 7:2016cv08038 |
| October 14, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Orange |
| Cathy Seibel |
| Personal Injury- Medical Malpractice |
| 28 U.S.C. ยง 2671 |
| Plaintiff |
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Filing
100
AMENDED SUPPLEMENTAL COMPROMISE ORDER APPROVING THE SETTLEMENT AND THE DISTRIBUTION OF THE SETTLEMENT FUNDS ON BEHALF OF A MINOR: IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the distribution and allocation of the Settlement Agreement is as f ollows: Total Settlement: $5,000,000.00, Amount Allocated to Cash $2,600,000.00, Amount Allocated to Reversionary Trust $2,400,000.00, Disbursements: $86,495.12, Settlement Amount Applied to Attorneys' Fee $4,913,504.88, Att orneys' Fee (22.460%) $1,103,558.18, Net after Attorneys' Fees and Disbursements $1,409,946.70, Medicaid Lien $101,864.69, Net Cash to Clients $1,308,082.01, Amount Allocated to House $583,082.01, Amount Allocated to Vehicle $50,000.00, Amount Allocated for Derivative Claim of Dorothy Woods $200,000.00, Amount Allocated to S tructure for S.B. $475,000.00. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the payments to be made from the annuity contract, which was purchased in the amount of $475,000.00 pursuant to paragraph 3.a.(2) of the Stipulation , shall be made payable to "Dorothy Woods as mother and natural guardian of Brown, jointly with an officer of Bank of America," which bank is located at 405 Windsor Highway, New Windsor, New York 12584, and su ch check shall be deposited in said bank in a high yield interest-bearing bank account in the name of "Dorothy Woods, as Mother and Natural Guardian for the use and benefit of Brown, jointly with an officer of Bank of America," and which bank account is to be held for the use and benefit of said infant (hereinafter the "Bank of America Account"), as further set forth. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Jacob D. Fuch sberg Law Firm, upon receipt of the payment of the Settlement Amount pursuant to Paragraph 3.a.(1), shall pay to the Orange County Department of Social Services the amount of One Hundred One Thousand Eight Hundred Sixty Four Dollars and Sixty Nine Cents ($101,864.69) as and for its Medicaid lien against the settlement proceeds of infant plaintiff S.B. IT IS FURTHER ORDERED, AD UDGED, AND DECREED that the acob D. Fuchsberg Law Firm, upon receipt of the payment of the Settlement Amount pursuant to Paragraph 3.a.(1), shall issue a check in the amount of Fifty Eight Thousand Eighty Two Dollars and One Cent ($58,082.01) to "Dorothy Woods as mother and natural guardian of Brown, jointly with a n officer of Bank of America," which bank is located at 405 Windsor Highway, New Windsor, New York 12584, and such check shall be deposited in the existing Bank of America Account. As stated earlier in the order, no withdrawals shall be made fr om the Bank of America Account before the infant reaches the age of eighteen (18) years, except as directed in this order and/or by further order of this Court. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that out the total net up-front payment mad e pursuant paragraph 3.a.(1), after payment of attorneys' fees, disbursements, the Bank of America payment, and the Medicaid lien, Two Hundred Thousand Dollars And No Cents ($200,000.00) is hereby approved for and allocated to the derivat ive cause of DOROTHY WOODS and that such amount, minus any amounts owed for funding advances, shall be paid by the Jacob D. Fuchsberg Law Firm upon receipt of the payment of the Settlement Amount. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that o ut the total net up-front payment made pursuant paragraph 3.a.(1), after payment of attorneys' fees, disbursements, the Bank of America payment, and the Medicaid lien, Five Hundred Eighty-Three Thousand Eighty Two Dollars and One C ent ($583,082.01) shall be placed by the Jacob D. Fuchsberg Law Firm into their escrow account for the purpose of purchasing a single-family residence for the use and benefit of S.B. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that out the tot al net up-front payment made pursuant paragraph 3.a.(1), after payment of attorneys' fees, disbursements, the Bank of America payment, and the Medicaid lien, Fifty Thousand Dollars and No Cents ($50,000.00) shall be placed b y the Jacob D. Fuchsberg Law Firm into their escrow account for the purpose of purchasing a handicap accessible or handicap modifiable vehicle for the use and benefit of S.B, as further set forth. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Dorothy Woods, as mother and natural guardian of S.B. is authorized to purchase a single-family residence for the use and benefit of S.B., for a sum not to exceed $583,082.01, and Dorothy Woods is authorized to execute all documents necessary to effectuate the purchase of said residence. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the purchase of a handicap accessible or handicap modifiable vehicle, for the use and benefit of S.B., for a sum that shall not to exceed &# 036;50,000.00, is approved on behalf of S.B., and Dorothy Woods is authorized to execute all documents necessary to effectuate the purchase of said vehicle. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, without further order of the court, upon p resentation of a bill of sale, proof of contract of sale, invoice, and/or other related document for the purchase of the aforesaid vehicle by Dorothy Woods to the Jacob D. Fuchsberg Law Firm, LLP, and copied to the Court, The Jacob D. Fuchsberg La w Firm, LLP, is authorized to issue a check to Dorothy Woods and/or on behalf of Dorothy Woods, in the amount specified for the purchase of the vehicle, up to $50,000.00, as further set forth in this Order. (Signed by Judge Cathy Seibel on 9/16/2020) (mml)
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Filing
98
ORDER OF DISMISSAL: IT IS HEREBY ORDERED that the above-captioned action is dismissed with prejudice as against the United States, with Plaintiffs and the United States to bear their own costs, expenses, and fees; and IT IS FURTHER ORDERED that this Court does not retain jurisdiction over this action, the Settlement Agreement, or the United States. SO ORDERED. (Signed by Judge Cathy Seibel on 9/14/2020) (rro)
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Filing
93
ORDER APPROVING THE SETTLEMENT ON BEHALF OF A MINOR: IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the settlement, as set forth herein and in Exhibits A and B, is hereby approved. It is further ordered that Dorothy Woods, as mother and natural guardian of S.B., is appointed as guardian of the property of S.B., a minor, for purposes of receiving funds on her behalf under the Stipulation and this Order pursuant to N.Y. C.P.L.R. § 1206. It is further ordered that Dorothy Woods is authori zed and required to sign the Stipulation, the Reversionary Trust, and any other documents that are necessary to consummate this settlement, and to provide any information and documentation necessary for the purchase of the annuity contracts and the e stablishment of the Reversionary Trust, on behalf of S.B., a minor. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the settlement amount of Five Million Dollars and No Cents ($5,000,000.00) (hereinafter "Settlement Amount") shall be distributed according to the terms and conditions of the Stipulation and the Supplemental Compromise Order Approving the Settlement and the Distribution of the Settlement Funds on Behalf of a Minor. With respect to the settlement check of Two Millio n One Hundred Twenty Five Thousand Dollars and No Cents ($2,125,000.00) that will be made payable to S.B., a minor, and Dorothy Woods, pursuant to Paragraph 3.a.(1) of the Stipulation, the Court hereby orders Dorothy Woods, individually and on b ehalf of S.B., a minor, to endorse said check over to their attorneys to be deposited by the attorneys into their client trust account to be used to pay the attorneys' fees, costs, and expenses herein approved and to pay any lien or claim for re imbursement as required by the Stipulation, as further set forth in this order. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, upon the Court's approval of the Stipulation and dismissal of this action with prejudice pursuant to the terms of the Stipulation, the Court shall not retain jurisdiction over the action against the United States or the settlement. (Signed by Judge Cathy Seibel on 5/3/2020) (jwh)
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