Anne Carrion Toale, Glenn Alexander MacLeod|uscfc|River Comm... -- eLawyers

Filed: Dec. 19, 2018
Latest Update: Dec. 19, 2018

Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On February 8, 2017, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 (the "Vaccine Act"). Petitioner alleges that his minor child, Y.M.B. suffered fever, status epilepticus, and acute encephalitis causally related to an adverse reaction to vaccinations she received on October 7, 2015. Petition at 2, 10, 12. The case w

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On February 8, 2017, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the "Vaccine Act"). Petitioner alleges that his minor child, Y.M.B. suffered fever, status epilepticus, and acute encephalitis causally related to an adverse reaction to vaccinations she received on October 7, 2015. Petition at ¶¶ 2, 10, 12. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On February 27, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for Y.M.B.'s encephalopathy injury. On December 18, 2018, respondent filed a proffer on award of compensation ("Proffer"). Respondent proffers that, based upon her review of the evidence of record, the following should be awarded:

A. All items of compensation identified in the joint life care plan entitled Appendix A which is attached to the Proffer as Tab A; B. The amount of $801,523.55, representing compensation for petitioner's future lost wages; C. The amount of $250,000.00, representing compensation for petitioner's actual pain and suffering; D. The amount of $13,288.47, representing compensation for petitioner's actual unreimbursable expenses; E. The amount of $32,448.05, representing compensation for the satisfaction of the State of North Carolina Medicaid lien; F. The amount of $7,457.08, representing compensation for the satisfaction of the State of Colorado Medicaid lien; G. The amount of $4,285.90, representing compensation for the satisfaction of the State of Pennsylvania Medicaid lien; and

In the Proffer, respondent represented that petitioner agrees with the proffered award. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, the undersigned awards the following:

A. A lump sum in the amount of $1,260,924.06, representing compensation in the amount of $209,400.51 for life care expenses in the first year after judgment, compensation in the amount of $801,523.55 for future lost wages, and compensation in the amount of $250,000.00 for actual pain and suffering, in the form of a check payable to petitioner as guardian(s)/conservator(s) of the estate of Y.M.B., for the benefit of Y.M.B.; B. A lump sum in the amount of $13,288.47, representing compensation for actual unreimbursable expenses; in the form of a check payable petitioner; C. A lump sum payment of $32,448.05, representing compensation for satisfaction of the State of North Carolina Medicaid lien payable jointly to petitioner and North Carolina Division of Medical Assistance Office of the Controller 2022 Mail Service Center Raleigh, NC 27699-2022 Case Number: 287986 Medicaid/Health Choice ID: 954135030P Petitioner agrees to endorse this payment to the State of North Carolina; D. A lump sum payment of $7,457.08, representing compensation for satisfaction of the State of Colorado Medicaid lien payable jointly to petitioner and Colorado Department of Health Care Policy and Financing Colorado Medical Assistance Tort and Casualty Recovery Program 333 W. Hampden Ave., Suite # 425 Englewood, CO 80110 Medicaid ID Number: P084783 Case Number: 185246 Attn: Jazmin Rosenberg Petitioner agrees to endorse this payment to the State of Colorado; E. A lump sum payment of $4,285.90, representing compensation for satisfaction of the State of Pennsylvania Medicaid lien payable jointly to petitioner and Pennsylvania Department of Human Services Bureau of Program Integrity Division of Third Party Liability, Recovery Section P.O. Box 8486 Harrisburg, PA 17105-8486 CIS #: 870411199 Attn: Patricia Nace Petitioner agrees to endorse this payment to the State of Pennsylvania; and F. An amount sufficient to purchase the annuity contract described in Proffer Section II.F.

These amounts represent compensation for all damages that would be available under § 15(a).

The clerk of the court is directed to enter judgment in accordance with this decision.3

IT IS SO ORDERED.

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

A. Life Care Items

The respondent engaged life care planner, M. Virginia NeSmith Walton, RN, MSN, FNP, CNCLP, and petitioner engaged Tresa Johnson, BSN, RN, to provide an estimation of Y.M.B.'s future vaccine-injury related needs. For the purposes of this proffer, the term "vaccine related" is as described in respondent's Rule 4(c) Report, filed February 23, 2018. All items of compensation identified in the joint life care plan are supported by the evidence, and are illustrated by the chart entitled Appendix A: Items of Compensation for Y.M.B., attached hereto as Tab A.1 Respondent proffers that Y.M.B. should be awarded all items of compensation set forth in the joint life care plan and illustrated by the chart attached at Tab A. Petitioner agrees.

B. Lost Future Earnings

The parties agree that based upon the evidence of record, Y.M.B. will not be gainfully employed in the future. Therefore, respondent proffers that Y.M.B. should be awarded 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 Y.M.B.'s lost future earnings is $801,523.55. Petitioner agrees.

C. Pain and Suffering

Respondent proffers that Y.M.B. should be awarded $250,000.00 in actual pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

D. Past Unreimbursable Expenses

Evidence supplied by petitioner documents the expenditure of past unreimbursable expenses related to Y.M.B.'s vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $13,288.47. Petitioner agrees.

E. North Carolina Medicaid Lien

Respondent proffers that Y.M.B. should be awarded funds to satisfy a State of North Carolina lien in the amount of $32,448.05, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of North Carolina may have against any individual as a result of any Medicaid payments the State of Carolina has made to or on behalf of Y.M.B. from the date of her eligibility for benefits through the date of judgment in this case as a result of her vaccine-related injury suffered on or about October 7, 2015, under Title XIX of the Social Security Act.

F. Colorado Medicaid Lien

Respondent proffers that Y.M.B. should be awarded funds to satisfy a State of Colorado lien in the amount of $7,457.08, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Colorado may have against any individual as a result of any Medicaid payments the State of Colorado has made to or on behalf of Y.M.B. from the date of her eligibility for benefits through the date of judgment in this case as a result of her vaccine-related injury suffered on or about October 7, 2015, under Title XIX of the Social Security Act.

G. Pennsylvania Medicaid Lien

Respondent proffers that Y.M.B. should be awarded funds to satisfy a Commonwealth of Pennsylvania lien in the amount of $4,285.90, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the Commonwealth of Pennsylvania may have against any individual as a result of any Medicaid payments the Commonwealth of Pennsylvania has made to or on behalf of Y.M.B. from the date of her eligibility for benefits through the date of judgment in this case as a result of her vaccine-related injury suffered on or about October 7, 2015, under Title XIX of the Social Security Act.

II. Form of the Award

The parties recommend that the compensation provided to Y.M.B. should be made through a combination of lump sum payments and future annuity payments as described below, and request that the Chief Special Master's decision and the Court's judgment award the following:2

A. A lump sum payment of $1,260,924.06, representing compensation for life care expenses in the first year after judgment ($209,400.51), lost future earnings ($801,523.55), and pain and suffering ($250,000.00), in the form of a check payable to petitioner as guardian(s)/ conservator(s) of the estate of Y.M.B., for the benefit of Y.M.B. No payments shall be made until petitioner provides respondent with documentation establishing that petitioner has been appointed as the guardian(s)/conservator(s) of Y.M.B.'s estate. If petitioner is not authorized by a court of competent jurisdiction to serve as the guardian(s)/conservator(s) of the estate of Y.M.B., any such payment shall be made to the party or parties appointed by a court of competent jurisdiction to serve as guardian(s)/conservator(s) of the estate of Y.M.B. upon submission of written documentation of such appointment to the Secretary.

B. A lump sum payment of $13,288.47, representing compensation for past unreimbursable expenses, in the form of a check payable to petitioner.

C. A lump sum payment of $32,448.05, representing compensation for satisfaction of the State of North Carolina lien, payable jointly to petitioner and

North Carolina Division of Medical Assistance Office of the Controller 2022 Mail Service Center Raleigh, NC 27699-2022 Case Number: 287986 Medicaid/Health Choice ID: 954135030P

Petitioner agrees to endorse this payment to the State of North Carolina.

D. A lump sum payment of $7,457.08, representing compensation for satisfaction of the State of Colorado lien, payable jointly to petitioner and

Colorado Department of Health Care Policy and Financing Colorado Medical Assistance Tort and Casualty Recovery Program 333 W. Hampden Ave., Suite # 425 Englewood, CO 80110 Medicaid ID Number: P084783 Case Number: 185246 Attn: Jazmin Rosenberg

Petitioner agrees to endorse this payment to the State of Colorado.

E. A lump sum payment of $4,285.90, representing compensation for satisfaction of the Commonwealth of Pennsylvania lien, payable jointly to petitioner and

Pennsylvania Department of Human Services Bureau of Program Integrity Division of Third Party Liability, Recovery Section P.O. Box 8486 Harrisburg, PA 17105-8486 CIS #: 870411199 Attn: Patricia Nace

Petitioner agrees to endorse this payment to the Commonwealth of Pennsylvania.

F. An amount sufficient to purchase the annuity contract,3 subject to the conditions described below, that will provide payments for the life care items contained in the joint life care plan, as illustrated by the chart at Tab A attached hereto, paid to the life insurance company4 from which the annuity will be purchased.5 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 only so long as Y.M.B. is alive at the time a particular payment is due. At the Secretary's sole discretion, the periodic payments may be provided to the 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 the petitioner 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 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

The petitioner will continue to receive the annuity payments from the Life Insurance Company only so long as Y.M.B. is alive at the time that a particular payment is due. Written notice shall be provided to the petitioner and the Secretary of Health and Human Services and the Life Insurance Company within twenty (20) days of Y.M.B.'s death.

3. Guardianship

No payments shall be made until petitioner provides respondent with documentation establishing that it has been appointed as the guardian of Y.M.B.'s estate. If petitioner is not authorized by a court of competent jurisdiction to serve as guardian of the estate of Y.M.B., any such payment shall be made to the party or parties appointed by a court of competent jurisdiction to serve as guardian(s)/conservator(s) of the estate of Y.M.B. upon submission of written documentation of such appointment to the Secretary.

III. Summary of Recommended Payments Following Judgment

A. Lump sum paid to the court-appointed guardian(s)/ conservator(s)of the estate of Y.M.B. for the benefit of Y.M.B.: $1,260,924.06 B. Past unreimbursable expenses paid to petitioner: $ 13,288.47 C. North Carolina Medicaid lien: $ 32,448.05 D. Colorado Medicaid lien: $ 7,457.08 E. Pennsylvania Medicaid lien: $ 4,285.90 F. An amount sufficient to purchase the annuity contract described above in section II. F. 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/Glenn A. MacLeod GLENN A. MacLEOD Senior Trial Counsel Torts Branch, Civil Division U. S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 Direct dial: (202) 616-4122

Appendix A: Items of Compensation for Y.M.B.

Lump Sum Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation ITEMS OF COMPENSATION G.R. * M Year 1 Years 2-3 Year 4 Year 5 Year 6 Year 7 Years 8-10 Year 11 2018 2019-2020 2021 2022 2023 2024 2025-2027 2028 ACA Premium 5% M 3,053.40 3,053.40 3,053.40 3,053.40 3,053.40 3,053.40 3,053.40 3,053.40 ACA MOP 5% 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 Medicare Part B Premium 5% M Medigap 5% M Medicare Part D 5% M Pediatrician/Internist 5% * Lab Work 5% * Physiatrist 5% * Dev. Pediatrician 5% * Neurologist 5% * EEG 5% * Pulmon-ologist 5% * Swallow Study 5% * Opthal-mologist 5% * Orthopedist 5% * X-rays Foot, Hips, Knee 5% * Scoliosis Screening 5% * Nutritionist 5% * Mayo Clinic Eval Travel 4% 3,775.36 Duke Eval 5% 1,047.57 1,047.57 Duke Eval Travel 4% 1,461.98 1,461.98 Foot Surgery 5% * Serial Casting 5% * Additional PT 4% * OT Eval 4% * OT 4% * M 11,880.00 11,880.00 11,880.00 11,880.00 11,880.00 11,880.00 11,880.00 PT Eval 4% * 800.00 800.00 800.00 800.00 800.00 800.00 800.00 PT 4% * M 16,500.00 16,500.00 16,500.00 16,500.00 16,500.00 16,500.00 16,500.00 14,025.00 ST Eval 4% * ST 4% * M 11,808.00 11,808.00 11,808.00 11,808.00 11,808.00 11,808.00 11,808.00 Feeding Specialist 4% 1,048.00 1,048.00 Hippotherapy 4% 450.00 450.00 450.00 450.00 450.00 450.00 450.00 450.00 Helmet 4% 54.99 27.50 27.50 27.50 27.50 27.50 27.50 27.50 Keppra 5% * Diastat 5% * Simply Thick 4% M 944.33 944.33 944.33 944.33 944.33 944.33 944.33 944.33 Stroller 4% 599.95 Bathtub Bench/Shower Chair 4% 204.91 40.98 40.98 40.98 40.98 40.98 40.98 40.98 Exercise Mat 4% 381.05 76.21 76.21 76.21 76.21 76.21 76.21 76.21 Treadmill 4% 999.99 99.99 99.99 99.99 99.99 99.99 99.99 99.99 Floor Scooter 4% 345.95 69.19 69.19 69.19 69.19 69.19 69.19 69.19 Peanut Ball 4% 40.35 8.07 8.07 8.07 8.07 8.07 8.07 8.07 Balance Ball 4% 33.25 6.65 6.65 6.65 6.65 6.65 6.65 6.65 Nesting Steps 4% 289.20 28.92 28.92 28.92 28.92 28.92 28.92 28.92 Assistive Devices 4% 300.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 Therapeutic Equip 4% 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 iPad 4% 329.99 82.50 82.50 82.50 82.50 82.50 82.50 82.50 iPad Case 4% 89.95 22.49 22.49 22.49 22.49 22.49 22.49 22.49 iPad Screen Protector 4% 49.99 12.50 12.50 12.50 12.50 12.50 12.50 12.50 Internet Service for iPad 4% M 359.88 359.88 359.88 359.88 359.88 359.88 359.88 359.88 Diapers 4% M 979.42 979.42 979.42 979.42 Incontinence Briefs 4% M 416.43 416.43 416.43 416.43 Wipes 4% M 357.70 357.70 357.70 357.70 153.30 153.30 153.30 153.30 Skin Barrier Cream 4% M 98.04 98.04 98.04 98.04 98.04 98.04 98.04 98.04 Gloves 4% M 81.50 81.50 81.50 81.50 81.50 81.50 81.50 81.50 Hand Sanitizer 4% M 91.08 91.08 91.08 91.08 91.08 91.08 91.08 91.08 CHUX 4% M 164.40 164.40 164.40 164.40 164.40 164.40 164.40 164.40 Mattress Underpads 4% 41.28 41.28 41.28 41.28 41.28 41.28 41.28 41.28 AFOs 4% * Manual WC 4% * WC Maint 4% * WC Cushion 4% 315.00 157.50 157.50 157.50 157.50 157.50 157.50 157.50 Cushion Cover 4% 84.00 84.00 84.00 84.00 84.00 84.00 84.00 84.00 WC Pack 4% 25.00 12.50 12.50 12.50 12.50 12.50 12.50 12.50 Portable Ramp 4% 339.00 33.90 33.90 33.90 33.90 33.90 33.90 33.90 Home Mods 4% 81,080.00 Special Needs Car Seat 4% 900.00 900.00 Bruno Seating System 4% 10,250.00 Seating System Maint 4% 500.00 166.67 166.67 Case Mngt 4% M 13,440.00 13,440.00 13,440.00 10,080.00 10,080.00 10,080.00 10,080.00 10,080.00 Att. Care (School Days) 4% M 9,828.00 9,828.00 9,828.00 9,828.00 9,828.00 9,828.00 9,828.00 19,656.00 Att. Care (Non School Days) 4% M 39,528.00 39,528.00 39,528.00 39,528.00 39,528.00 39,528.00 39,528.00 38,016.00 Respite 4% M 4,536.00 Home Care 4% M Day Program 4% M Lost Future Earnings 801,523.55 Pain and Suffering 250,000.00 Past Unreimbursable Expenses 13,288.47 North Carolina Medicaid Lien 32,448.05 Colorado Medicaid Lien 7,457.08 Pennsylvania Medicaid Lien 4,285.90 Annual Totals 1,318,403.56 117,615.93 119,077.48 113,207.93 123,590.54 112,940.54 112,607.21 98,496.21

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 the court-appointed guardian(s)/ conservators(s) of the estate of Y.M.B. for the benefit of Y.M.B., for lost future earnings ($801,523.55), pain and suffering ($250,000.00), and Yr 1 life care expenses ($209,400.51): $1,260,924.06.

As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for past un-reimbursable expenses: $13,288.47.

As soon as practicable after entry of judgment, respondent shall make the following payment jointly to petitioner and the State of North Carolina, as reimbursement of the state's Medicaid lien: $32,448.05.

As soon as practicable after entry of judgment, respondent shall make the following payment jointly to petitioner and the State of Colorado, as reimbursement of the state's Medicaid lien: $7,457.08.

As soon as practicable after entry of judgment, respondent shall make the following payment jointly to petitioner and the Commonwealth of Pennsylvania, as reimbursement of the state's Medicaid lien: $4,285.90.

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 in column "G.R." above, 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 12 monthly installments at the discretion of respondent.

Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation ITEMS OF COMPENSATION G.R. * M Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 Year 18 Year 19 2029 2030 2031 2032 2033 2034 2035 2036 ACA Premium 5% M 3,053.40 3,324.72 3,428.52 3,532.32 3,644.04 3,755.88 3,871.56 3,991.32 ACA MOP 5% 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 Medicare Part B Premium 5% M Medigap 5% M Medicare Part D 5% M Pediatrician/Internist 5% * Lab Work 5% * Physiatrist 5% * Dev. Pediatrician 5% * Neurologist 5% * EEG 5% * Pulmon-ologist 5% * Swallow Study 5% * Opthal-mologist 5% * Orthopedist 5% * X-rays Foot, Hips, Knee 5% * Scoliosis Screening 5% * Nutritionist 5% * Mayo Clinic Eval Travel 4% Duke Eval 5% Duke Eval Travel 4% Foot Surgery 5% * Serial Casting 5% * Additional PT 4% * OT Eval 4% * OT 4% * M PT Eval 4% * PT 4% * M 14,355.00 12,045.00 12,045.00 ST Eval 4% * ST 4% * M Feeding Specialist 4% Hippotherapy 4% 450.00 450.00 450.00 450.00 450.00 Helmet 4% 27.50 27.50 27.50 27.50 Keppra 5% * Diastat 5% * Simply Thick 4% M 944.33 944.33 944.33 944.33 944.33 944.33 944.33 944.33 Stroller 4% Bathtub Benh/Shower Chair 4% 40.98 40.98 40.98 40.98 40.98 40.98 40.98 40.98 Exercise Mat 4% 76.21 76.21 76.21 76.21 76.21 76.21 76.21 76.21 Treadmill 4% 99.99 99.99 99.99 99.99 99.99 99.99 99.99 99.99 Floor Scooter 4% 69.19 69.19 69.19 69.19 69.19 69.19 69.19 69.19 Peanut Ball 4% 8.07 8.07 8.07 8.07 8.07 8.07 8.07 8.07 Balance Ball 4% 6.65 6.65 6.65 6.65 6.65 6.65 6.65 6.65 Nesting Steps 4% 28.92 28.92 28.92 28.92 28.92 28.92 28.92 28.92 Assistive Devices 4% 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 Therapeutic Equip 4% 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 iPad 4% 82.50 82.50 82.50 82.50 82.50 82.50 82.50 82.50 iPad Case 4% 22.49 22.49 22.49 22.49 22.49 22.49 22.49 22.49 iPad Screen Protector 4% 12.50 12.50 12.50 12.50 12.50 12.50 12.50 12.50 Internet Service for iPad 4% M 359.88 359.88 359.88 359.88 359.88 359.88 359.88 359.88 Diapers 4% M Incontinence Briefs 4% M 416.43 416.43 416.43 416.43 416.43 416.43 416.43 416.43 Wipes 4% M 153.30 153.30 153.30 153.30 153.30 153.30 153.30 153.30 Skin Barrier Cream 4% M 98.04 98.04 98.04 98.04 98.04 98.04 98.04 98.04 Gloves 4% M 81.50 81.50 81.50 81.50 81.50 81.50 81.50 81.50 Hand Sanitizer 4% M 91.08 91.08 91.08 91.08 91.08 91.08 91.08 91.08 CHUX 4% M 164.40 164.40 164.40 164.40 164.40 164.40 164.40 164.40 Mattress Underpads 4% 41.28 41.28 41.28 41.28 41.28 41.28 41.28 41.28 AFOs 4% * Manual WC 4% * WC Maint 4% * WC Cushion 4% 157.50 157.50 157.50 157.50 157.50 157.50 157.50 157.50 Cushion Cover 4% 84.00 84.00 84.00 84.00 84.00 84.00 84.00 84.00 WC Pack 4% 12.50 12.50 12.50 12.50 12.50 12.50 12.50 12.50 Portable Ramp 4% 33.90 33.90 33.90 33.90 33.90 33.90 33.90 33.90 Home Mods 4% Special Needs Car Seat 4% Bruno Seating System 4% 10,250.00 1,464.29 1,464.29 1,464.29 Seating System Maint 4% 166.67 166.67 166.67 166.67 166.67 166.67 166.67 166.67 Case Mngt 4% M 10,080.00 10,080.00 10,080.00 10,080.00 10,080.00 6,720.00 6,720.00 6,720.00 Att. Care (School Days) 4% M 19,656.00 19,656.00 19,656.00 19,656.00 17,384.64 17,384.64 17,384.64 17,384.64 Att. Care (Non School Days) 4% M 38,016.00 38,016.00 38,016.00 38,016.00 33,623.04 33,623.04 33,623.04 33,623.04 Respite 4% M 4,536.00 4,536.00 4,536.00 4,536.00 4,011.84 4,011.84 4,011.84 4,011.84 Home Care 4% M Day Program 4% M Lost Future Earnings Pain and Suffering Past Unreimbursable Expenses North Carolina Medicaid Lien Colorado Medicaid Lien Pennsylvania Medicaid Lien Annual Totals 98,826.21 96,787.53 96,891.33 84,950.13 88,095.87 75,612.00 75,727.68 75,847.44