In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 08-402V

Filed: August 12, 2013

Not for Publication

*************************************

RICKEY HARRIS and JAMILA HARRIS, *

as parents and natural guardians of *

M.M.H., a minor, *

* 

 Petitioners, * 

* Damages decision based on proffer;

v. * DTaP vaccine; opsoclonus

* myoclonus syndrome

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

 * 

Respondent. *

*

************************************* 

Anne C. Toale, Sarasota, FL, for petitioners.

Voris E. Johnson, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On June 2, 2008, petitioners filed a petition under the National Childhood Vaccine Injury 

Act, 42 U.S.C. § 300aa–10-34, alleging that DTaP vaccine significantly aggravated M.M.H.’s

abdominal neuroblastoma, resulting in opsoclonus myoclonus syndrome (OMS). In the 

alternative, petitioners alleged that DTaP caused M.M.H.’s OMS. On July 20, 2010, the 

 

1 Because this decision contains a reasoned explanation for the special master's action in this case, the

special master intends to post this decision on the United States Court of Federal Claims's website, in 

accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 

2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the 

public unless they contain trade secrets or commercial or financial information that is privileged and 

confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted 

invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete 

such information prior to the document=s disclosure. If the special master, upon review, agrees that the 

identified material fits within the banned categories listed above, the special master shall delete such 

material from public access.
2

undersigned issued a Ruling on Entitlement in favor of petitioners.

On May 9, 2013, respondent filed a Proffer on Award of Compensation. Based on the 

record as a whole, the special master finds that petitioners are entitled to the award as stated in 

the Proffer. Pursuant to the terms stated in the attached Proffer, the court awards petitioners:

a. a lump sum payment of $627,283.18, representing compensation for partial lost future 

earnings ($451,138.33), pain and suffering ($157,702.55), and life care expenses for 

Year One ($18,442.30), in the form of a check payable to petitioners as guardians or 

conservators of M.M.H., for the benefit of M.M.H. No payments shall be made until 

petitioners provide respondent with documentation establishing that they have been 

appointed as the guardians or conservators of M.M.H.’s estate. If petitioners are not 

authorized by a court of competent jurisdiction to serve as guardians or conservators 

of the estate of M.M.H., any such payment shall be made to the party or parties 

appointed by a court of competent jurisdiction to serve as guardian(s) or 

conservator(s) of the estate of M.M.H. upon submission of written documentation of 

such appointment to the Secretary;

b. a lump sum payment of $9,499.63, representing compensation for past 

unreimbursable expenses, payable to Rickey Harris and Jamila Harris, petitioners; 

and

 

c. an amount sufficient to purchase an annuity contract subject to the conditions 

described in section II. C. of the attached Proffer. 

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of 

the court is directed to enter judgment herewith.2

IT IS SO ORDERED.

Dated: August 12, 2013 /s/ Laura D. Millman 

 Laura D. Millman

 Special Master

 

2

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or 

jointly, filing a notice renouncing the right to seek review.
 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

__________________________________________

RICKEY HARRIS and JAMILA HARRIS, )

as parents and natural guardians of )

M.M.H., a minor, )

)

Petitioners, )

)

v. ) No. 08-402V

) Special Master

SECRETARY OF THE DEPARTMENT OF ) Laura D. Millman

HEALTH AND HUMAN SERVICES, ) (ECF)

)

Respondent. )

__________________________________________)

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

A. Life Care Items

The respondent engaged life care planner, Shelly Kinney, RN, MSN, CCM, CNCLP, to 

provide an estimation of M.M.H.’s future vaccine injury-related needs. For the purposes of this 

proffer, the term “vaccine injury” is as described in the special master’s Ruling on Entitlement 

issued on July 20, 2010. All items of compensation identified in the life care plan are supported 

by the evidence, and are illustrated by the chart entitled Appendix A: Items of Compensation for 

M.M.H., attached hereto as Tab A.1

 Respondent proffers that M.M.H. should be awarded all 

items of compensation set forth in the joint life care plan and illustrated by the chart attached at 

Tab A. Petitioners agree.

 1 The chart at Tab A illustrates the annual benefits provided by the life care plan. The annual 

benefit years run from the date of judgment up to the first anniversary of the date of judgment, 

and every year thereafter up to the anniversary of the date of judgment.

-1-

 
B. Partial Lost Future Earnings

The parties agree that based upon the evidence of record, M.M.H. has suffered a partial 

loss of future earning capacity. Therefore, respondent proffers that M.M.H. should be awarded 

partial lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(B). 

Respondent proffers that the appropriate award for M.M.H.’s partial lost future earnings is 

$451,138.33. Petitioners agree.

C. Pain and Suffering

Respondent proffers that M.M.H. should be awarded $157,702.55 in actual and projected 

pain and suffering. This amount reflects that the award for projected pain and suffering has been 

reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioners agree.

D. Past Unreimbursable Expenses

Evidence supplied by petitioners documents their expenditure of past unreimbursable 

expenses related to M.M.H.’s vaccine injury. Respondent proffers that petitioners should be 

awarded past unreimbursable expenses in the amount of $9,499.63. Petitioners agree.

E. Medicaid Lien

Petitioners represent that there are no outstanding Medicaid liens against M.M.H.. 

II. Form of the Award

The parties recommend that the compensation provided to M.M.H. should be made 

through a combination of lump sum payments and future annuity payments as described below, 

and request that the special master’s decision and the Court’s judgment award the following:

A. A lump sum payment of $627,283.18, representing compensation for partial lost 

future earnings ($451,138.33), pain and suffering ($157,702.55), and life care expenses for Year 

-2-
One ($18,442.30), in the form of a check payable to petitioners as guardians or conservators of 

M.M.H., for the benefit of M.M.H.. No payments shall be made until petitioners provide 

respondent with documentation establishing that they have been appointed as the guardians or 

conservators of M.M.H.’s estate. If petitioners are not authorized by a court of competent 

jurisdiction to serve as guardians or conservators of the estate of M.M.H., any such payment 

shall be made to the party or parties appointed by a court of competent jurisdiction to serve as 

guardian(s) or conservator(s) of the estate of M.M.H. upon submission of written documentation 

of such appointment to the Secretary.;

B. A lump sum payment of $9,499.63, representing compensation for past 

unreimbursable expenses, payable to Rickey Harris and Jamila Harris, petitioners;

C. An amount sufficient to purchase the annuity contract,2 subject to the conditions 

described below, that will provide payments for the life care items contained in the life care plan, 

as illustrated by the chart at Tab A attached hereto, paid to the life insurance company3 from

 2 In respondent’s discretion, respondent may purchase one or more annuity contracts from 

one or more life insurance companies.

 3 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus, 

exclusive of any mandatory security valuation reserve. The Life Insurance Company must have 

one of the following ratings from two of the following rating organizations:

a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;

b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;

c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, 

AA, AA+, or AAA;

d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability 

Rating: AA-, AA, AA+, or AAA. 

-3-

 
which the annuity will be purchased.4

 Compensation for Year Two (beginning on the first 

anniversary of the date of judgment) and all subsequent years shall be provided through 

respondent’s purchase of an annuity, which annuity shall make payments directly to petitioners

as guardians or conservators of the estate of M.M.H., for the benefit of M.M.H., only so long as 

M.M.H. is alive at the time a particular payment is due. At the Secretary’s sole discretion, the 

periodic payments may be provided to petitioners in monthly, quarterly, annual or other 

installments. The “annual amounts” set forth in the chart at Tab A describe only the total yearly 

sum to be paid to petitioners and do not require that the payment be made in one annual 

installment.

1. Growth Rate

Respondent proffers that a four percent (4%) growth rate should be applied to all nonmedical life care items, and a five percent (5%) growth rate should be applied to all medical life 

care items. Thus, the benefits illustrated in the chart at Tab A that are to be paid through annuity 

payments should grow as follows: four percent (4%) compounded annually from the date of 

judgment for non-medical items, and five percent (5%) compounded annually from the date of 

judgment for medical items. Petitioners agree.

2. Life-contingent annuity

 Petitioners will continue to receive the annuity payments from the Life Insurance 

Company only so long as M.M.H. is alive at the time that a particular payment is due. Written 

 4

 Petitioners authorize the disclosure of certain documents filed by the petitioners in this case 

consistent with the Privacy Act and the routine uses described in the National Vaccine Injury 

Compensation Program System of Records, No. 09-15-0056.

-4-

 
notice shall be provided to the Secretary of Health and Human Services and the Life Insurance 

Company within twenty (20) days of M.M.H.’s death. 

3. Guardianship

No payments shall be made until petitioners provide respondent with documentation 

establishing that they have been appointed as the guardians or conservators of M.M.H.’s estate. 

If petitioners are not authorized by a court of competent jurisdiction to serve as guardians or 

conservators of the estate of M.M.H., any such payment shall be made to the party or parties 

appointed by a court of competent jurisdiction to serve as guardian(s) or conservator(s) of the 

estate of M.M.H. upon submission of written documentation of such appointment to the 

Secretary.

III. Summary of Recommended Payments Following Judgment

A. Lump Sum paid to petitioners as guardians/conservators of

M.M.H.’s estate: $ 627,283.18 

B. Lump sum paid to petitioners: $ 9,499.63 

C. An amount sufficient to purchase the annuity contract described

above in section II. C.

Respectfully submitted,

STUART F. DELERY

Acting Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

-5-
CATHARINE E. REEVES

Assistant Director

Torts Branch, Civil Division

s/Voris E. Johnson, Jr. 

VORIS E. JOHNSON, JR

Assistant Director

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Telephone: (202) 616-4136

Dated: May 9, 2013

-6-
Appendix A: Items of Compensation for M. M. H. 

ITEMS OF COMPENSATION G.R. * M

Lump Sum 

Compensation 

Year 1

Compensation 

Years 2-3

Compensation 

Year 4

Compensation 

Years 5-6

Compensation 

Year 7

Compensati

Year 8

2013 2014-2015 2016 2017-2018 2019 2020 

BCBS Deductible 5% 350.00 350.00 350.00 350.00 350.00 350.0

 

BCBS MOP 5% 7,000.00 7,000.00 7,000.00 7,000.00 7,000.00 7,000.0

 

AHIP Premium 5% MAHIP Deductible 5%AHIP MOP 5%Medicare Part B Premium 5% MMedicare Part B Deductible 5% *Medigap F 5% MNeurology: Dr. Schub 5% *Mileage: Neurology 4% 221.76 221.76 221.76 221.76 221.76 221.7

 

Neurology: Dr. Pranzatelli 5% *Travel: Dr. Pranzatelli 4% M 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.0

 

Neurospych Eval. 4% *Psych Counseling 4% *Mileage: Counseling 4% 41.60 41.60 41.60 41.60 41.60 41.6

 

Care Mngt 4% M 1,986.00 1,986.00 1,986.00 1,986.00 1,986.00 1,986.0

 

OT 4% *Mileage: OT 4% 384.00PT 4% *Mileage: PT 4% 216.00ST 4% *Mileage: ST 4% 288.00Software 4% 139.94 139.94 139.94 Shower Chair 4% 122.50 122.5Grab Bars 4% 347.50Hand Held Shower 4% 65.00Tutor 4% M 5,280.00 5,280.00 5,280.00 5,280.00 5,280.00 5,280.0

 

Assisted Living 4% MAssistance w/ Personal Finances 4%Acute Care Hospitalization 4% *Skilled Nursing Facility 4%
Appendix A: Items of Compensation for M. M. H. 

ITEMS OF COMPENSATION G.R. * M

Lump Sum 

Compensation 

Year 1

Compensation 

Years 2-3

Compensation 

Year 4

Compensation 

Years 5-6

Compensation 

Year 7

Compensati

Year 8

2013 2014-2015 2016 2017-2018 2019 2020 

Home Health Aide 4%Home Care Nurse 4% *PT 4% *OT 4% *ST 4% *Neuropsych Testing 4% *Partial Lost Future Earnings 451,138.33Pain and Suffering 157,702.55Past Unreimbursable Expenses 9,499.63Annual Totals 636,782.81 16,879.36 17,019.30 16,879.36 17,019.30 17,001.8

 

Note: Compensation Year 1 consists of the 12 month period following the date of judgment.Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the As soon as practicable after entry of judgment, respondent shall make the following payment to tconservators(s) of the estate of M. M. H., for the benefit of M. M. H. for lost future earnings ($45pain and suffering ($157,702.55), and Yr 1 life care expenses ($18,442.30): $627,283.18.As soon as practicable after entry of judgment, respondent shall make the following payment to pJamila Harris, for past un-reimbursable expenses: $9,499.63.Annual amounts payable through an annuity for future Compensation Years follow the anniversaAnnual amounts shall increase at the rates indicated in column "G.R." above, compounded annuaItems denoted with an asterisk (*) covered by health insurance and/or Medicare.Items denoted with an "M" payable in 12 monthly installments at the discretion of respondent. 
Appendix A: Items of Compensation for M. M. H. 

ITEMS OF COMPENSATION G.R. * M

BCBS Deductible 5%BCBS MOP 5%AHIP Premium 5% MAHIP Deductible 5%AHIP MOP 5%Medicare Part B Premium 5% MMedicare Part B Deductible 5% *Medigap F 5% MNeurology: Dr. Schub 5% *Mileage: Neurology 4%Neurology: Dr. Pranzatelli 5% *Travel: Dr. Pranzatelli 4% MNeurospych Eval. 4% *Psych Counseling 4% *Mileage: Counseling 4%Care Mngt 4% MOT 4% *Mileage: OT 4%PT 4% *Mileage: PT 4%ST 4% *Mileage: ST 4%Software 4%Shower Chair 4%Grab Bars 4%Hand Held Shower 4%Tutor 4% MAssisted Living 4% MAssistance w/ Personal Finances 4%Acute Care Hospitalization 4% *Skilled Nursing Facility 4%

Compensation 

Year 11

Compensation 

Year 12

Compensation 

Year 13

Compensation 

Year 14

Compensation 

Year 15

Compensat

Year 16

2023 2024 2025 2026 2027 2028 

 350.00 350.00 350.00 350.00 350.00 350

 7,000.00 7,000.00 7,000.00 7,000.00 7,000.00 7,000

 221.76 221.76 221.76 221.76 221.76 221

 

 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000

 

 41.60 41.60 41.60 41.60 41.60 41

 

 1,986.00 1,986.00 1,986.00 1,986.00 1,986.00 1,986

 

 209

209.94 

122.50

347.50

65.00

 5,280.00 5,280.00

 768.00 768.00 768.00 768

 

11,220.00
Appendix A: Items of Compensation for M. M. H. 

ITEMS OF COMPENSATION G.R. * M

Home Health Aide 4%Home Care Nurse 4% *PT 4% *OT 4% *ST 4% *Neuropsych Testing 4% *Partial Lost Future EarningsPain and SufferingPast Unreimbursable ExpensesAnnual Totals

Compensation 

Year 11

Compensation 

Year 12

Compensation 

Year 13

Compensation 

Year 14

Compensation 

Year 15

Compensat

Year 16

2023 2024 2025 2026 2027 2028 

7,168.003,675.00

 38,942.36 17,291.86 12,577.30 12,367.36 12,489.86 12,577

 

Note: Compensation Year 1 consists of the 12 month period following the date of judgment.Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the As soon as practicable after entry of judgment, respondent shall make the following payment to tconservators(s) of the estate of M. M. H., for the benefit of M. M. H. for lost future earnings ($45pain and suffering ($157,702.55), and Yr 1 life care expenses ($18,442.30): $627,283.18.As soon as practicable after entry of judgment, respondent shall make the following payment to pJamila Harris, for past un-reimbursable expenses: $9,499.63.Annual amounts payable through an annuity for future Compensation Years follow the anniversaAnnual amounts shall increase at the rates indicated in column "G.R." above, compounded annuaItems denoted with an asterisk (*) covered by health insurance and/or Medicare.Items denoted with an "M" payable in 12 monthly installments at the discretion of respondent. 
Appendix A: Items of Compensation for M. M. H. 

ITEMS OF COMPENSATION G.R. * M

BCBS Deductible 5%BCBS MOP 5%AHIP Premium 5% MAHIP Deductible 5%AHIP MOP 5%Medicare Part B Premium 5% MMedicare Part B Deductible 5% *Medigap F 5% MNeurology: Dr. Schub 5% *Mileage: Neurology 4%Neurology: Dr. Pranzatelli 5% *Travel: Dr. Pranzatelli 4% MNeurospych Eval. 4% *Psych Counseling 4% *Mileage: Counseling 4%Care Mngt 4% MOT 4% *Mileage: OT 4%PT 4% *Mileage: PT 4%ST 4% *Mileage: ST 4%Software 4%Shower Chair 4%Grab Bars 4%Hand Held Shower 4%Tutor 4% MAssisted Living 4% MAssistance w/ Personal Finances 4%Acute Care Hospitalization 4% *Skilled Nursing Facility 4%

Compensation 

Year 20

Compensation 

Year 21

Compensation 

Year 22

Compensation 

Year 23

Compensation 

Years 24-27

Compensat

Year 28

2032 2033 2034 2035 2036-2039 2040 

 4,404.00 4,404.00 4,416.00 4,416.00 4,440.00 4,464

 

 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 2,500

 

 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500

 

 221.76 221.76 221.76 221.76 221.76 221

 

 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000

 

 41.60 41.60 41.60 41.60 41.60 41

 

 1,986.00 1,986.00 1,986.00 1,986.00 1,986.00 1,986

 

 69.98 69.98 69.98 69.98 69.98 69

 

 17.50 122.50 17.50 17

 

 34.75 347.50 34.75 34.75 34

 

 6.50 65.00 6.50 6.50 6

 

 768.00 768.00 768.00 768.00 768.00 768

 
Appendix A: Items of Compensation for M. M. H. 

ITEMS OF COMPENSATION G.R. * M

Home Health Aide 4%Home Care Nurse 4% *PT 4% *OT 4% *ST 4% *Neuropsych Testing 4% *Partial Lost Future EarningsPain and SufferingPast Unreimbursable ExpensesAnnual Totals

Compensation 

Year 20

Compensation 

Year 21

Compensation 

Year 22

Compensation 

Year 23

Compensation 

Years 24-27

Compensat

Year 28

2032 2033 2034 2035 2036-2039 2040 

 13,903.84 13,491.34 13,667.09 13,562.09 13,586.09 13,610

 

Note: Compensation Year 1 consists of the 12 month period following the date of judgment.Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the As soon as practicable after entry of judgment, respondent shall make the following payment to tconservators(s) of the estate of M. M. H., for the benefit of M. M. H. for lost future earnings ($45pain and suffering ($157,702.55), and Yr 1 life care expenses ($18,442.30): $627,283.18.As soon as practicable after entry of judgment, respondent shall make the following payment to pJamila Harris, for past un-reimbursable expenses: $9,499.63.Annual amounts payable through an annuity for future Compensation Years follow the anniversaAnnual amounts shall increase at the rates indicated in column "G.R." above, compounded annuaItems denoted with an asterisk (*) covered by health insurance and/or Medicare.Items denoted with an "M" payable in 12 monthly installments at the discretion of respondent. 
Appendix A: Items of Compensation for M. M. H. 

ITEMS OF COMPENSATION G.R. * M

BCBS Deductible 5%BCBS MOP 5%AHIP Premium 5% MAHIP Deductible 5%AHIP MOP 5%Medicare Part B Premium 5% MMedicare Part B Deductible 5% *Medigap F 5% MNeurology: Dr. Schub 5% *Mileage: Neurology 4%Neurology: Dr. Pranzatelli 5% *Travel: Dr. Pranzatelli 4% MNeurospych Eval. 4% *Psych Counseling 4% *Mileage: Counseling 4%Care Mngt 4% MOT 4% *Mileage: OT 4%PT 4% *Mileage: PT 4%ST 4% *Mileage: ST 4%Software 4%Shower Chair 4%Grab Bars 4%Hand Held Shower 4%Tutor 4% MAssisted Living 4% MAssistance w/ Personal Finances 4%Acute Care Hospitalization 4% *Skilled Nursing Facility 4%

Compensation 

Year 31

Compensation 

Year 32

Compensation 

Year 33

Compensation 

Year 34

Compensation 

Year 35

Compensat

Year 36

2043 2044 2045 2046 2047 2048 

 4,716.00 4,680.00 4,776.00 4,908.00 5,004.00 5,112

 

 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 2,500

 

 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500

 

 221.76 221.76 221.76 221.76 221.76 221

 

 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000

 

 1,986.00 1,986.00 1,986.00 1,986.00 1,986.00 1,986

 

 69.98 69.98 69.98 69.98 69.98 69

 

 17.50 17.50 17.50 17.50 17.50 17

 

 34.75 34.75 34.75 34.75 34.75 34

 

 6.50 6.50 6.50 6.50 6.50 6

 

 768.00 768.00 768.00 768.00 768.00 768

 

11,220.00
Appendix A: Items of Compensation for M. M. H. 

ITEMS OF COMPENSATION G.R. * M

Home Health Aide 4%Home Care Nurse 4% *PT 4% *OT 4% *ST 4% *Neuropsych Testing 4% *Partial Lost Future EarningsPain and SufferingPast Unreimbursable ExpensesAnnual Totals

Compensation 

Year 31

Compensation 

Year 32

Compensation 

Year 33

Compensation 

Year 34

Compensation 

Year 35

Compensat

Year 36

2043 2044 2045 2046 2047 2048 

7,168.00

 32,208.49 13,784.49 13,880.49 14,012.49 14,108.49 14,216

 

Note: Compensation Year 1 consists of the 12 month period following the date of judgment.Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the As soon as practicable after entry of judgment, respondent shall make the following payment to tconservators(s) of the estate of M. M. H., for the benefit of M. M. H. for lost future earnings ($45pain and suffering ($157,702.55), and Yr 1 life care expenses ($18,442.30): $627,283.18.As soon as practicable after entry of judgment, respondent shall make the following payment to pJamila Harris, for past un-reimbursable expenses: $9,499.63.Annual amounts payable through an annuity for future Compensation Years follow the anniversaAnnual amounts shall increase at the rates indicated in column "G.R." above, compounded annuaItems denoted with an asterisk (*) covered by health insurance and/or Medicare.Items denoted with an "M" payable in 12 monthly installments at the discretion of respondent. 
Appendix A: Items of Compensation for M. M. H. 

ITEMS OF COMPENSATION G.R. * M

BCBS Deductible 5%BCBS MOP 5%AHIP Premium 5% MAHIP Deductible 5%AHIP MOP 5%Medicare Part B Premium 5% MMedicare Part B Deductible 5% *Medigap F 5% MNeurology: Dr. Schub 5% *Mileage: Neurology 4%Neurology: Dr. Pranzatelli 5% *Travel: Dr. Pranzatelli 4% MNeurospych Eval. 4% *Psych Counseling 4% *Mileage: Counseling 4%Care Mngt 4% MOT 4% *Mileage: OT 4%PT 4% *Mileage: PT 4%ST 4% *Mileage: ST 4%Software 4%Shower Chair 4%Grab Bars 4%Hand Held Shower 4%Tutor 4% MAssisted Living 4% MAssistance w/ Personal Finances 4%Acute Care Hospitalization 4% *Skilled Nursing Facility 4%

Compensation 

Year 39

Compensation 

Year 40

Compensation 

Year 41

Compensation 

Year 42

Compensation 

Year 43

Compensat

Year 44

2051 2052 2053 2054 2055 2056 

 5,616.00 5,448.00 5,724.00 5,844.00 6,024.00 6,144

 

 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 2,500

 

 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500

 

 221.76 221.76 221.76 221.76 221.76 221

 

 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000

 

 1,986.00 1,986.00 1,986.00 1,986.00 1,986.00 1,986

 

 69.98 69.98 69.98 69.98 69.98 69

 

 17.50 17.50 17.50 17.50 17.50 17

 

 34.75 34.75 34.75 34.75 34.75 34

 

 6.50 6.50 6.50 6.50 6.50 6

 

 768.00 768.00 768.00 768.00 768.00 768

 
Appendix A: Items of Compensation for M. M. H. 

ITEMS OF COMPENSATION G.R. * M

Home Health Aide 4%Home Care Nurse 4% *PT 4% *OT 4% *ST 4% *Neuropsych Testing 4% *Partial Lost Future EarningsPain and SufferingPast Unreimbursable ExpensesAnnual Totals

Compensation 

Year 39

Compensation 

Year 40

Compensation 

Year 41

Compensation 

Year 42

Compensation 

Year 43

Compensat

Year 44

2051 2052 2053 2054 2055 2056 

 14,720.49 14,552.49 14,828.49 14,948.49 15,128.49 15,248

 

Note: Compensation Year 1 consists of the 12 month period following the date of judgment.Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the As soon as practicable after entry of judgment, respondent shall make the following payment to tconservators(s) of the estate of M. M. H., for the benefit of M. M. H. for lost future earnings ($45pain and suffering ($157,702.55), and Yr 1 life care expenses ($18,442.30): $627,283.18.As soon as practicable after entry of judgment, respondent shall make the following payment to pJamila Harris, for past un-reimbursable expenses: $9,499.63.Annual amounts payable through an annuity for future Compensation Years follow the anniversaAnnual amounts shall increase at the rates indicated in column "G.R." above, compounded annuaItems denoted with an asterisk (*) covered by health insurance and/or Medicare.Items denoted with an "M" payable in 12 monthly installments at the discretion of respondent. 
Appendix A: Items of Compensation for M. M. H. 

ITEMS OF COMPENSATION G.R. * M

BCBS Deductible 5%BCBS MOP 5%AHIP Premium 5% MAHIP Deductible 5%AHIP MOP 5%Medicare Part B Premium 5% MMedicare Part B Deductible 5% *Medigap F 5% MNeurology: Dr. Schub 5% *Mileage: Neurology 4%Neurology: Dr. Pranzatelli 5% *Travel: Dr. Pranzatelli 4% MNeurospych Eval. 4% *Psych Counseling 4% *Mileage: Counseling 4%Care Mngt 4% MOT 4% *Mileage: OT 4%PT 4% *Mileage: PT 4%ST 4% *Mileage: ST 4%Software 4%Shower Chair 4%Grab Bars 4%Hand Held Shower 4%Tutor 4% MAssisted Living 4% MAssistance w/ Personal Finances 4%Acute Care Hospitalization 4% *Skilled Nursing Facility 4%

Compensation 

Year 47

Compensation 

Year 48

Compensation 

Year 49

Compensation 

Year 50

Compensation 

Year 51

Compensat

Year 52

2059 2060 2061 2062 2063 2064 

 6,732.00 6,612.00 6,924.00 7,068.00 7,236.00 7,428

 

 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 2,500

 

 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500

 

 221.76 221.76 221.76 221.76 221.76 221

 

 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000

 

 1,986.00 1,986.00 1,986.00 1,986.00 1,986.00 1,986

 

 69.98 69.98 69.98 69.98 69.98 69

 

 17.50 17.50 17.50 17.50 17.50 17

 

 34.75 34.75 34.75 34.75 34.75 34

 

 6.50 6.50 6.50 6.50 6.50 6

 

 29,484.00 29,484.00 29,484.00 29,484.00 29,484.00 29,484

 

 768.00 768.00 768.00 768.00 768.00 768

 

11,220
Appendix A: Items of Compensation for M. M. H. 

ITEMS OF COMPENSATION G.R. * M

Home Health Aide 4%Home Care Nurse 4% *PT 4% *OT 4% *ST 4% *Neuropsych Testing 4% *Partial Lost Future EarningsPain and SufferingPast Unreimbursable ExpensesAnnual Totals

Compensation 

Year 47

Compensation 

Year 48

Compensation 

Year 49

Compensation 

Year 50

Compensation 

Year 51

Compensat

Year 52

2059 2060 2061 2062 2063 2064 

7,168

 45,320.49 45,200.49 45,512.49 45,656.49 45,824.49 64,404

 

Note: Compensation Year 1 consists of the 12 month period following the date of judgment.Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the As soon as practicable after entry of judgment, respondent shall make the following payment to tconservators(s) of the estate of M. M. H., for the benefit of M. M. H. for lost future earnings ($45pain and suffering ($157,702.55), and Yr 1 life care expenses ($18,442.30): $627,283.18.As soon as practicable after entry of judgment, respondent shall make the following payment to pJamila Harris, for past un-reimbursable expenses: $9,499.63.Annual amounts payable through an annuity for future Compensation Years follow the anniversaAnnual amounts shall increase at the rates indicated in column "G.R." above, compounded annuaItems denoted with an asterisk (*) covered by health insurance and/or Medicare.Items denoted with an "M" payable in 12 monthly installments at the discretion of respondent. 
Appendix A: Items of Compensation for M. M. H. 

ITEMS OF COMPENSATION G.R. * M

BCBS Deductible 5%BCBS MOP 5%AHIP Premium 5% MAHIP Deductible 5%AHIP MOP 5%Medicare Part B Premium 5% MMedicare Part B Deductible 5% *Medigap F 5% MNeurology: Dr. Schub 5% *Mileage: Neurology 4%Neurology: Dr. Pranzatelli 5% *Travel: Dr. Pranzatelli 4% MNeurospych Eval. 4% *Psych Counseling 4% *Mileage: Counseling 4%Care Mngt 4% MOT 4% *Mileage: OT 4%PT 4% *Mileage: PT 4%ST 4% *Mileage: ST 4%Software 4%Shower Chair 4%Grab Bars 4%Hand Held Shower 4%Tutor 4% MAssisted Living 4% MAssistance w/ Personal Finances 4%Acute Care Hospitalization 4% *Skilled Nursing Facility 4%

Compensation 

Year 55

Compensation 

Years 56-Life

2067 2068-Life

8,112.002,500.001,500.00

1,258.801,698.00

 221.76 221.76 2,000.00 2,000.00 1,986.00 1,986.00 69.98 69.98 17.50 17.50 34.75 34.75 6.50 6.50

 29,484.00 29,484.00 768.00 768.00
Appendix A: Items of Compensation for M. M. H. 

ITEMS OF COMPENSATION G.R. * M

Home Health Aide 4%Home Care Nurse 4% *PT 4% *OT 4% *ST 4% *Neuropsych Testing 4% *Partial Lost Future EarningsPain and SufferingPast Unreimbursable ExpensesAnnual Totals

Compensation 

Year 55

Compensation 

Years 56-Life

2067 2068-Life

 37,545.29 46,700.49

Note: Compensation Year 1 consists of the 12 month period following the date of judgment.Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the As soon as practicable after entry of judgment, respondent shall make the following payment to tconservators(s) of the estate of M. M. H., for the benefit of M. M. H. for lost future earnings ($45pain and suffering ($157,702.55), and Yr 1 life care expenses ($18,442.30): $627,283.18.As soon as practicable after entry of judgment, respondent shall make the following payment to pJamila Harris, for past un-reimbursable expenses: $9,499.63.Annual amounts payable through an annuity for future Compensation Years follow the anniversaAnnual amounts shall increase at the rates indicated in column "G.R." above, compounded annuaItems denoted with an asterisk (*) covered by health insurance and/or Medicare.Items denoted with an "M" payable in 12 monthly installments at the discretion of respondent.