In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-369V (Not to be published)
************************* * Special Master Corcoran CARMEN MORENO LOZANO, * * Petitioner, * Filed: November 28, 2018 * v. * * Decision by Proffer; Damages; SECRETARY OF HEALTH * Acute Disseminated Encephalomyelitis AND HUMAN SERVICES, * (“ADEM”); Diptheria-Tetanus-Acelluar * Pertussis (“Tdap”) Vaccine; Life Care Plan. Respondent. * * *************************
Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Robert P. Coleman, III, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 13, 2015, Carmen Moreno Lozano filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 ECF No. 1. Petitioner alleged that she developed acute disseminated encephalomyelitis (“ADEM”) as a result of the diptheria-tetanus- acellular pertussis (“Tdap”) vaccine she received on July 15, 2012. Id. at 1.
On July 21, 2015, Respondent filed his Rule 4(c) Report, in which he indicated that he did not find this case to be appropriate for compensation. The parties briefly attempted to engage in
1 This Decision will be posted on the United States Court of Federal Claims website, and in accordance with the E- Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public in its current form. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). settlement negotiations but were unable to reach an agreement. Both parties filed expert reports, medical literature, and prehearing briefs over the coming months, and an entitlement hearing was held on June 14, 2017.
On August 4, 2017, I issued a ruling finding that Mrs. Lozano had successfully demonstrated entitlement to compensation under the Vaccine Act. ECF No. 43. In an order filed that same day, I directed the parties to resolve the question of what damages Ms. Lozano should receive. Damages Order, ECF No. 44.
After almost sixteen months of damages negotiations, Respondent filed a proffer proposing an award of compensation. ECF No. 71. I have reviewed the file, and based upon that review, I conclude that Respondent’s Proffer (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.
The Proffer proposes:
• A lump sum payment of $1,199,216.86, representing compensation for life care expenses expected to be incurred during the first year after judgment ($17,131.66), lost earnings ($922,617.19), pain and suffering ($200,000.00), and past unreimburseable expenses ($59,468.01), in the form of a check payable to Petitioner; and
• An amount sufficient to purchase an annuity contract, subject to the conditions described in the attached Proffer (see Proffer at 3; Proffer App’x A at 1–4), that will provide periodic payments to Ms. Lozano for the items contained in the life care plan.
Proffer at 3. These amounts represent compensation for all elements of compensation under Vaccine Act Section 15(a) to which Petitioner is entitled.
I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. 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.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review.
2 Case 1:15-vv-00369-UNJ Document 71 Filed 11/28/18 Page 1 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
CARMEN MORENO LOZANO,
Petitioner,
v. No. 15-369V ECF Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Life Care Items
Respondent engaged life care planner Linda Curtis, RN, MS, CCM, CNLCP, and
petitioner engaged Maureen Clancy, RN, BSN, CLCP, to provide an estimation of Carmen
Moreno Lozano’s future vaccine-injury related needs. For the purposes of this proffer, the term
“vaccine related” is as described in the Special Master’s Ruling on Entitlement, filed August 4,
2017. 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 Carmen Moreno
Lozano, attached hereto as Tab A. 1 Respondent proffers that Carmen Moreno Lozano should be
awarded all items of compensation set forth in the life care plan and illustrated by the chart
attached at Tab A. 2 Petitioner agrees.
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.
2 The parties have no objection to the proffered award of damages. Assuming the Special Master issues a damages decision in conformity with this proffer, the parties intend to waive their right to seek review of such damages decision, recognizing that respondent reserves his right, pursuant to 42 U.S.C. § 300aa-12(f), to seek -1- Case 1:15-vv-00369-UNJ Document 71 Filed 11/28/18 Page 2 of 5
B. Lost Earnings
The parties agree that based upon the evidence of record, Carmen Moreno Lozano has
suffered past loss of earnings and will suffer a loss of earnings in the future. Therefore,
respondent proffers that Carmen Moreno Lozano should be awarded lost earnings as provided
under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Respondent proffers that the appropriate
award for Carmen Moreno Lozano’s lost earnings is $922,617.19. Petitioner agrees.
C. Pain and Suffering
Respondent proffers that Carmen Moreno Lozano should be awarded $200,000.00 in
actual and projected pain and suffering. This amount reflects that any award for projected pain
and suffering has been reduced to net present value. See 42 U.S.C.
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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-369V (Not to be published)
************************* * Special Master Corcoran CARMEN MORENO LOZANO, * * Petitioner, * Filed: November 28, 2018 * v. * * Decision by Proffer; Damages; SECRETARY OF HEALTH * Acute Disseminated Encephalomyelitis AND HUMAN SERVICES, * (“ADEM”); Diptheria-Tetanus-Acelluar * Pertussis (“Tdap”) Vaccine; Life Care Plan. Respondent. * * *************************
Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Robert P. Coleman, III, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 13, 2015, Carmen Moreno Lozano filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 ECF No. 1. Petitioner alleged that she developed acute disseminated encephalomyelitis (“ADEM”) as a result of the diptheria-tetanus- acellular pertussis (“Tdap”) vaccine she received on July 15, 2012. Id. at 1.
On July 21, 2015, Respondent filed his Rule 4(c) Report, in which he indicated that he did not find this case to be appropriate for compensation. The parties briefly attempted to engage in
1 This Decision will be posted on the United States Court of Federal Claims website, and in accordance with the E- Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public in its current form. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). settlement negotiations but were unable to reach an agreement. Both parties filed expert reports, medical literature, and prehearing briefs over the coming months, and an entitlement hearing was held on June 14, 2017.
On August 4, 2017, I issued a ruling finding that Mrs. Lozano had successfully demonstrated entitlement to compensation under the Vaccine Act. ECF No. 43. In an order filed that same day, I directed the parties to resolve the question of what damages Ms. Lozano should receive. Damages Order, ECF No. 44.
After almost sixteen months of damages negotiations, Respondent filed a proffer proposing an award of compensation. ECF No. 71. I have reviewed the file, and based upon that review, I conclude that Respondent’s Proffer (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.
The Proffer proposes:
• A lump sum payment of $1,199,216.86, representing compensation for life care expenses expected to be incurred during the first year after judgment ($17,131.66), lost earnings ($922,617.19), pain and suffering ($200,000.00), and past unreimburseable expenses ($59,468.01), in the form of a check payable to Petitioner; and
• An amount sufficient to purchase an annuity contract, subject to the conditions described in the attached Proffer (see Proffer at 3; Proffer App’x A at 1–4), that will provide periodic payments to Ms. Lozano for the items contained in the life care plan.
Proffer at 3. These amounts represent compensation for all elements of compensation under Vaccine Act Section 15(a) to which Petitioner is entitled.
I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. 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.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review.
2 Case 1:15-vv-00369-UNJ Document 71 Filed 11/28/18 Page 1 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
CARMEN MORENO LOZANO,
Petitioner,
v. No. 15-369V ECF Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Life Care Items
Respondent engaged life care planner Linda Curtis, RN, MS, CCM, CNLCP, and
petitioner engaged Maureen Clancy, RN, BSN, CLCP, to provide an estimation of Carmen
Moreno Lozano’s future vaccine-injury related needs. For the purposes of this proffer, the term
“vaccine related” is as described in the Special Master’s Ruling on Entitlement, filed August 4,
2017. 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 Carmen Moreno
Lozano, attached hereto as Tab A. 1 Respondent proffers that Carmen Moreno Lozano should be
awarded all items of compensation set forth in the life care plan and illustrated by the chart
attached at Tab A. 2 Petitioner agrees.
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.
2 The parties have no objection to the proffered award of damages. Assuming the Special Master issues a damages decision in conformity with this proffer, the parties intend to waive their right to seek review of such damages decision, recognizing that respondent reserves his right, pursuant to 42 U.S.C. § 300aa-12(f), to seek -1- Case 1:15-vv-00369-UNJ Document 71 Filed 11/28/18 Page 2 of 5
B. Lost Earnings
The parties agree that based upon the evidence of record, Carmen Moreno Lozano has
suffered past loss of earnings and will suffer a loss of earnings in the future. Therefore,
respondent proffers that Carmen Moreno Lozano should be awarded lost earnings as provided
under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Respondent proffers that the appropriate
award for Carmen Moreno Lozano’s lost earnings is $922,617.19. Petitioner agrees.
C. Pain and Suffering
Respondent proffers that Carmen Moreno Lozano should be awarded $200,000.00 in
actual and projected pain and suffering. This amount reflects that any award for projected pain
and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Carmen Moreno Lozano’s expenditure of past
unreimbursable expenses related to her vaccine-related injury. Respondent proffers that
petitioner should be awarded past unreimbursable expenses in the amount of $59,468.01.
II. Form of the Award
The parties recommend that the compensation provided to Carmen Moreno Lozano
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: 3
review of the Special Master’s August 4, 2017 decision finding petitioner entitled to an award under the Vaccine Act. This right accrues following entry of judgment.
3 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering.
-2- Case 1:15-vv-00369-UNJ Document 71 Filed 11/28/18 Page 3 of 5
A. A lump sum payment of $1,199,216.86, representing compensation for life care
expenses expected to be incurred during the first year after judgment ($17,131.66), lost earnings
($922,617.19), pain and suffering ($200,000.00), and past unreimbursable expenses
($59,468.01), in the form of a check payable to petitioner, Carmen Moreno Lozano.
B. An amount sufficient to purchase an annuity contract, 4 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 company 5 from
which the annuity will be purchased. 6 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 petitioner,
Carmen Moreno Lozano, only so long as Carmen Moreno Lozano is alive at the time a particular
payment is due. At the Secretary’s sole discretion, the periodic payments may be provided to
petitioner 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 petitioner and do not require
that the payment be made in one annual installment.
4 In respondent’s discretion, respondent may purchase one or more annuity contracts from one or more life insurance companies. 5 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- Case 1:15-vv-00369-UNJ Document 71 Filed 11/28/18 Page 4 of 5
1. Growth Rate
Respondent proffers that a four percent (4%) growth rate should be applied to all non-
medical 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. Petitioner agrees.
2. Life-contingent annuity
Petitioner will continue to receive the annuity payments from the Life Insurance
Company only so long as she, Carmen Moreno Lozano, is alive at the time that a particular
payment is due. Written notice shall be provided to the Secretary of Health and Human Services
and the Life Insurance Company within twenty (20) days of Carmen Moreno Lozano’s death.
3. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Summary of Recommended Payments Following Judgment
A. Lump Sum paid to petitioner, Carmen Moreno Lozano: $1,199,216.86
B. An amount sufficient to purchase the annuity contract described above in section II.B.
6 Petitioner authorizes the disclosure of certain documents filed by the petitioner 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- Case 1:15-vv-00369-UNJ Document 71 Filed 11/28/18 Page 5 of 5
Respectfully submitted,
JOSEPH H. HUNT Assistant Attorney General
C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division
CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division
HEATHER L. PEARLMAN Assistant Director Torts Branch, Civil Division
/s/Robert P. Coleman III ROBERT P. COLEMAN III Trial Attorney Torts Branch, Civil Division U. S. Department of Justice P.O. Box l46, Benjamin Franklin Station Washington, D.C. 20044-0146 Direct dial: (202) 305-0274
Dated: November 28, 2018
-5- Case 1:15-vv-00369-UNJ Document 71-1 Filed 11/28/18 Page 1 of 4 Appendix A: Items of Compensation for Carmen Moreno Lozano Page 1 of 4
Lump Sum Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation ITEMS OF COMPENSATION G.R. * M Year 1 Year 2 Years 3-5 Year 6 Year 7 Years 8-10 Year 11 Years 12-21 2018 2019 2020-2022 2023 2024 2025-2027 2028 2029-2038 BCBS Premium 5% M 6,713.04 6,713.04 6,713.04 6,713.04 6,713.04 6,713.04 6,713.04 6,713.04 Medicare Part B Deductible 5% Medigap 5% M Medicare Part D 5% M Primary Care 5% * 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 Neurologist 5% * 120.00 120.00 90.00 60.00 60.00 60.00 30.00 30.00 Urologist 5% * 90.00 60.00 30.00 30.00 30.00 30.00 30.00 30.00 Opthal-mologist 5% * 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 Future Specialists 5% * 30.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 Labs 5% * 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 MRI 5% * 150.00 Bladder Ultrasound 5% * 75.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 Gabapentin 5% * 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 Folate 5% * 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 Myrbetriq 5% * 60.00 60.00 60.00 60.00 60.00 60.00 60.00 60.00 Senna 4% 17.62 17.62 17.62 17.62 17.62 17.62 17.62 17.62 Advil 4% 42.07 42.07 42.07 42.07 42.07 42.07 42.07 42.07 PT 4% * 45.00 22.50 22.50 22.50 22.50 22.50 22.50 22.50 ST 4% * 45.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 Acupuncture 4% * 210.00 210.00 Massage Therapy 4% 840.00 840.00 420.00 420.00 420.00 420.00 Counselor 4% * 180.00 180.00 36.00 36.00 36.00 36.00 36.00 36.00 Bilateral Hand Splints 4% 45.98 45.98 45.98 45.98 45.98 45.98 45.98 45.98 Cane 4% * 3.00 0.60 0.60 0.60 Walker 4% * Scooter 4% * 169.90 33.98 33.98 33.98 33.98 33.98 33.98 33.98 Scooter Batteries 4% * 23.00 23.00 23.00 23.00 23.00 23.00 23.00 Scooter Maint 4% * 15.00 15.00 15.00 15.00 15.00 15.00 15.00 Manual WC 4% * 15.90 3.18 3.18 3.18 3.18 3.18 3.18 3.18 Shower Chair 4% 100.38 20.08 20.08 20.08 20.08 20.08 20.08 20.08 Hand Held Shower 4% 34.15 6.83 6.83 6.83 6.83 6.83 6.83 6.83 Over the Toilet Commode 4% 48.21 9.64 9.64 9.64 9.64 9.64 9.64 9.64 Case 1:15-vv-00369-UNJ Document 71-1 Filed 11/28/18 Page 2 of 4 Appendix A: Items of Compensation for Carmen Moreno Lozano Page 2 of 4
Lump Sum Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation ITEMS OF COMPENSATION G.R. * M Year 1 Year 2 Years 3-5 Year 6 Year 7 Years 8-10 Year 11 Years 12-21 2018 2019 2020-2022 2023 2024 2025-2027 2028 2029-2038 Portable Grab Bars 4% 209.85 13.99 13.99 13.99 13.99 13.99 13.99 13.99 Bed Rail 4% 89.00 17.80 17.80 17.80 17.80 17.80 17.80 17.80 Kitchen & Writing Aids 4% 147.22 29.44 29.44 29.44 29.44 29.44 29.44 29.44 Grooming Items 4% 146.73 29.35 29.35 29.35 29.35 29.35 29.35 29.35 Kotex Pads 4% M 227.82 227.82 227.82 227.82 227.82 227.82 227.82 227.82 YMCA 4% M 564.00 564.00 564.00 564.00 564.00 564.00 564.00 564.00 Home Health Aide 4% M 5,408.00 5,408.00 5,408.00 5,408.00 5,408.00 5,408.00 5,408.00 10,816.00 Mileage: PCP 4% 4.82 4.82 4.82 4.82 4.82 4.82 4.82 4.82 Mileage: Neurologist 4% 19.87 19.87 14.90 9.94 9.94 9.94 4.97 4.97 Mileage: Urologist 4% 12.64 8.42 4.21 4.21 4.21 4.21 4.21 4.21 Mileage: Opthalmologist 4% 4.39 4.39 4.39 4.39 4.39 4.39 4.39 4.39 Mileage: Future Specialist 4% 4.97 0.99 0.99 0.99 0.99 0.99 0.99 0.99 Mileage: PT 4% 13.82 6.91 6.91 6.91 6.91 6.91 6.91 6.91 Mileage: ST 4% 9.22 3.07 3.07 3.07 3.07 3.07 3.07 3.07 Mileage: Acupuncture 4% 27.86 27.86 Mileage: Massage 4% 69.55 69.55 34.78 Mileage: YMCA 4% 459.65 459.65 459.65 459.65 459.65 459.65 459.65 459.65 Driver's Eval 4% 500.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 Lost Earnings 922,617.19 Pain and Suffering 200,000.00 Past Unreimbursable Expenses 59,468.01 Annual Totals 1,199,216.86 15,644.85 14,739.04 14,669.30 14,672.30 14,669.90 14,214.93 19,622.93 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 date of judgment. As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1 life care expenses ($17,131.66), lost earnings ($922,617.19), pain and suffering ($200,000.00), and past unreimbursable expenses ($59,468.01): $1,199,216.86. Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment. Annual amounts shall increase at the rates indicated above in column G.R., compounded annually from the date of judgment. Items denoted with an asterisk (*) covered by health insurance and/or Medicare. Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indicated. Case 1:15-vv-00369-UNJ Document 71-1 Filed 11/28/18 Page 3 of 4 Appendix A: Items of Compensation for Carmen Moreno Lozano Page 3 of 4
Compensation Compensation Compensation Compensation Compensation Compensation ITEMS OF COMPENSATION G.R. * M Year 22 Years 23-27 Years 28-31 Year 32 Years 33-36 Years 37-Life 2039 2040-2044 2045-2048 2049 2050-2053 2054-Life BCBS Premium 5% M 6,713.04 6,713.04 6,713.04 Medicare Part B Deductible 5% 183.00 183.00 183.00 Medigap 5% M 1,980.00 1,980.00 1,980.00 Medicare Part D 5% M 2,006.52 2,006.52 2,006.52 Primary Care 5% * 15.00 15.00 15.00 Neurologist 5% * 30.00 30.00 30.00 Urologist 5% * 30.00 30.00 30.00 Opthal-mologist 5% * 30.00 30.00 30.00 Future Specialists 5% * 6.00 6.00 6.00 Labs 5% * 15.00 15.00 15.00 MRI 5% * Bladder Ultrasound 5% * 25.00 25.00 25.00 Gabapentin 5% * 60.00 60.00 60.00 Folate 5% * 60.00 60.00 60.00 Myrbetriq 5% * 60.00 60.00 60.00 Senna 4% 17.62 17.62 17.62 17.62 17.62 17.62 Advil 4% 42.07 42.07 42.07 42.07 42.07 42.07 PT 4% * 22.50 22.50 22.50 150.00 150.00 150.00 ST 4% * 15.00 15.00 15.00 150.00 75.00 75.00 Acupuncture 4% * Massage Therapy 4% Counselor 4% * 36.00 36.00 Bilateral Hand Splints 4% 45.98 45.98 45.98 45.98 45.98 45.98 Cane 4% * 0.60 0.60 29.99 6.00 6.00 Walker 4% * 16.15 3.23 Scooter 4% * 33.98 33.98 33.98 339.80 339.80 339.80 Scooter Batteries 4% * 23.00 23.00 23.00 230.00 230.00 230.00 Scooter Maint 4% * 15.00 15.00 15.00 150.00 150.00 150.00 Manual WC 4% * 3.18 3.18 3.18 31.80 31.80 31.80 Shower Chair 4% 20.08 20.08 20.08 20.08 20.08 20.08 Hand Held Shower 4% 6.83 6.83 6.83 6.83 6.83 6.83 Over the Toilet Commode 4% 9.64 9.64 9.64 9.64 9.64 9.64 Case 1:15-vv-00369-UNJ Document 71-1 Filed 11/28/18 Page 4 of 4 Appendix A: Items of Compensation for Carmen Moreno Lozano Page 4 of 4
Compensation Compensation Compensation Compensation Compensation Compensation ITEMS OF COMPENSATION G.R. * M Year 22 Years 23-27 Years 28-31 Year 32 Years 33-36 Years 37-Life 2039 2040-2044 2045-2048 2049 2050-2053 2054-Life Portable Grab Bars 4% 13.99 13.99 13.99 13.99 13.99 13.99 Bed Rail 4% 17.80 17.80 17.80 17.80 17.80 17.80 Kitchen & Writing Aids 4% 29.44 29.44 29.44 29.44 29.44 29.44 Grooming Items 4% 29.35 29.35 29.35 29.35 29.35 29.35 Kotex Pads 4% M 227.82 227.82 227.82 227.82 227.82 227.82 YMCA 4% M 564.00 564.00 564.00 564.00 540.00 540.00 Home Health Aide 4% M 10,816.00 16,224.00 16,224.00 21,632.00 21,632.00 21,632.00 Mileage: PCP 4% 4.82 4.82 4.82 4.82 4.82 4.82 Mileage: Neurologist 4% 4.97 4.97 4.97 4.97 4.97 4.97 Mileage: Urologist 4% 4.21 4.21 4.21 4.21 4.21 4.21 Mileage: Opthalmologist 4% 4.39 4.39 4.39 4.39 4.39 4.39 Mileage: Future Specialist 4% 0.99 0.99 0.99 0.99 0.99 0.99 Mileage: PT 4% 6.91 6.91 6.91 Mileage: ST 4% 3.07 3.07 3.07 Mileage: Acupuncture 4% Mileage: Massage 4% Mileage: YMCA 4% 459.65 459.65 459.65 459.65 459.65 459.65 Driver's Eval 4% 100.00 100.00 100.00 100.00 100.00 Lost Earnings Pain and Suffering Past Unreimbursable Expenses Annual Totals 19,639.08 25,034.16 24,994.33 28,486.76 28,363.77 28,263.77 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 date of judgment. As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1 life care expenses ($17,131.66), lost earnings ($922,617.19), pain and suffering ($200,000.00), and past unreimbursable expenses ($59,468.01): $1,199,216.86. Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment. Annual amounts shall increase at the rates indicated above in column G.R., compounded annually from the date of judgment. Items denoted with an asterisk (*) covered by health insurance and/or Medicare. Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indicated.