FILED: QUEENS COUNTY CLERK 05/18/2018 01:20 PM
`NYSCEF DOC. NO. 65
`
`INDEX NO. 709107/2014
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`RECEIVED NYSCEF: 05/18/2018
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`of the Supreme Court of
`At Part (cid:9)
`the State of New York, held in and
`for the County of Queens, located at
`88-11 Sutphin Boulevard, Jveica,
`New Y rk 11435, on the lb' 'day
`of (cid:9)
`,20l8.
`
`PRESENT: HON. PAM JACKMAN BROWN
`J.S.C.
`
`MATTHEW ABREU an Infant by his Mother and Natural
`Guardian MARIA BUENO and MARIA BUENO Individually,
`
`Plaintiff(s),
`
`-against-
`
`LONG ISLAND JEWISH MEDICAL CENTER,
`
`X (cid:9)
`
`Index No.: 709107/2014
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`UNREDACTED
`INFANT'S
`COMPROMISE
`ORDER
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`Defendant(s).
`
`X
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`Upon reading and filing the affidavit of Maria Abreu, the mother and natural guardin of
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`the infant plaintiff Matthew Abreu the affirmation of John M. Daly, Esq. of counsel to The
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`Fitzgerald Law Firm, P.C.; the report of Michael D. Katz, M D ; and Maria Abreu and Matthew
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`Abreu having appeared before the Court during the trial of this case which took place from
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`September 26, 2017 to October 31, 2017; and it appearing that Matthew Abreu was born on
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`May 28, 2012; and the said case having been settled on May 23, 2017, after the April 1, 2011
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`effective date of the New York Medical Indemnity Fund (the "Fund"); and the Court having
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`concluded that the aforementioned infant has sustained a "birth related neurological injury" land
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`is a "qualified plaintiff' as defined under §§ 2999-(h)(1) and 2999-(h)(4) of the Public Health
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`Law and therefore eligible for enrollment in the Fund and the settlement includes provision for
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`payment of future medical expenses addressed by that Title. In the event that the Administrator
`of The Fund determines that plaintiff is a qualified plaintiff, all payments for future mediealf, b
`nAw '6 ale
`cg3tel fltsceRic
`uu TY
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`FILED: QUEENS COUNTY CLERK 05/18/2018 01:20 PM
`NYSCEF DOC. NO. 65
`
`INDEX NO. 709107/2014
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`RECEIVED NYSCEF: 05/18/2018
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`expenses shall be paid in accordance with Title 4, in lieu of that portion of this settlement that
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`provided for the payment of such expenses; and the case having been tried and a verdict in favor
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`of the defendant Long Island Jewish Medical Center have been rendered by the jury; and a
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`high/low agreement having been entered into prior to said verdict with $750,000.00 being the
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`low and $4,500,000.00 being the high with a 50% apportionment to the Fund; and it appearing to
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`the satisfaction of the Court that it is in the best interest of the infant plaintiff to settle and
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`compromise the cause of action herein against defendant Long Island Jewish Medical Center for
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`the total amount of $750,000.00 ($375,000.00 for past pain and suffering, loss of wages and non-
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`medical damages and $375,000.00 for future "Medicals and Qualifying Health Care Costs");
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`NOW, on motion of The Fitzgerald Law Firm, P.C., attorneys for the plaintiffs, it is'
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`hereby
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`ORDERED, that for good cause shown, the inclusion of unredacted personal infomiation
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`in this Order is deemed material and necessary to effectuate the Order of the Court; and it is
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`further
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`ORDERED, that the caption of this action is hereby amended to reflect the adult
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`plaintiffs legal name as follows:
`
`MATTHEW ABREU an Infant by his Mother and Natural
`Guardian MARIA ABREU and MARIA ABREU Individually,
`
`Plaintiff(s),
`
`-against-
`
`LONG ISLAND JEWISH MEDICAL CENTER,
`
`Defendant(s).
`
`X
`
`X
`
`and it is further
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`FILED: QUEENS COUNTY CLERK 05/18/2018 01:20 PM
`NYSCEF DOC. NO. 65
`
`INDEX NO. 709107/2014
`
`RECEIVED NYSCEF: 05/18/2018
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`ORDERED, that Maria Abreu, as mother and natural guardian of Matthew Abreu, be and
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`she is hereby authorized to enter into a compromise of the personal injury claims of Matthew
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`Abreu against defendant Long Island Jewish Medical Center upon the within terms; and it is
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`further
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`ORDERED, that the cause of action brought on behalf of Matthew Abreu against •
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`defendant Long Island Jewish Medical Center be and the same is hereby settled for a total of
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`$750,000.00 upon the within terms; and it is further
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`ORDERED, that per agreement of the parties and approved by this Court, the
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`$750,000.00 settlement is allocated 50% to the claims for the infant plaintiff's damages for past
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`pain and suffering, loss of wages and non-medical damages, and 50% to the infant plaintiff
`'
`
`s
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`claims for future medical expenses; and it is further
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`ORDERED, that as soon as practical, the parties shall cooperate in submitting an
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`application on behalf of the infant plaintiff for enrollment in the Fund as established by Title 4 of
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`the Public Health Law; and it is further
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`ORDERED, that as set forth in Public Health Law §2999-j (6)(a), in the event the
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`administrator of the Fund determines that the infant plaintiff is a qualified plaintiff as that term is
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`defined in Title 4 of the Public Health Law, §2999-h(4), all plaintiffs future medical expenses
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`shall be paid in accordance with Title 4 of the Public Health Law; and it is further
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`ORDERED, that defendant Long Island Jewish Medical Center shall pay said settlement
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`as follows:
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`a) (cid:9)
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`$292,041.73 to be paid to The Fitzgerald Law Firm, P.C., as and for its
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`attorney's fee, inclusive of disbursements, consisting of $80,682.29 for
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`defendant's pro rata share of attorney's fees on the "fund" damages and;
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`FILED: QUEENS COUNTY CLERK 05/18/2018 01:20 PM
`NYSCEF DOC. NO. 65
`
`INDEX NO. 709107/2014
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`RECEIVED NYSCEF: 05/18/2018
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`$80,682.28 on the past pain and suffering and other "non-fund" damages;
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`and $130,677.16 in disbursements;
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`$2,150.39 to the Department of Social Services in full satisfaction of its
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`Medicaid lien against Matthew Abreu's settlement proceeds;
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`$30,000.00 to Maria Abreu for Maria Abreu's loss of services and the
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`extraordinary care that Maria Abreu renders to Matthew Abreu; and
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`$131,490.17 to Maria Abreu, as mother and natural guardian of Matthew
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`Abreu, jointly with an officer of Apple Bank for Savings, located at 168-
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`42 Hillside Avenue, Jamaica, New York 11432 to be deposited in a time
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`deposit or certificate of deposit account as provided hereinafter, for the ,
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`sole use and benefit of the infant plaintiff Matthew Abreu;
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`and it is further
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`ORDERED, that the funds to be deposited in the bank account on behalf of Matthew
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`Abreu shall be deposited in the above bank in the name of Maria Abreu, as mother and natural
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`guardian of Matthew Abreu, and held for the infant's sole use and benefit in an account paying
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`the highest rate of interest available subject to the further order of this Court until the infant
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`reaches the age of eighteen years; and it is further
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`ORDERED, that the aforesaid time deposit or certificate of deposit account shall be
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`continuously renewed upon maturity at the highest rate of interest then available, except that the
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`date of maturity shall not extend beyond the infant's eighteenth birthday, and in the event that no
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`such time deposit or certificate of deposit account is available, the accumulated funds shall then
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`be placed in the bank's insured money market account; and it is further
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`FILED: QUEENS COUNTY CLERK 05/18/2018 01:20 PM
`NYSCEF DOC. NO. 65
`
`INDEX NO. 709107/2014
`
`RECEIVED NYSCEF: 05/18/2018
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`ORDERED, that said bank shall pay out of the infant's account such sums as may from
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`time to time become due and payable for Federal and New York State income tax, or any other
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`state or local income tax for which the infant is or may become liable, limited to taxes due from
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`income earned by the infant's account, including penalties or interest thereon, and any amounts
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`that may be required for payments of estimated income taxes to the United States or to the State
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`of New York in such amounts as may be certified to the bank by a qualified tax preparer retained
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`or employed on behalf of the infant by the infant's mother and natural guardian, Maria Abreu, or
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`such amounts as may be due and payable for that portion of the infant's personal income tax
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`liability attributable to income earned by his account, including interest and penalties thereon, as
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`shown on any official bill therefore issued by the United States or the State of New York or other
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`income tax authority; and it is further
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`ORDERED, that said bank be and is hereby authorized without further order of this Court
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`to pay out of the infant's bank account, reasonable fees for the preparation of any income tax,
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`estimated income tax returns or accountings that may be required to be filed by or on the infant's
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`behalf regarding the tax due for the income earned from the infant's account; and it is further
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`ORDERED, that there shall be no right of withdrawal from the aforesaid bank acconnt,
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`including any insured money market account, until the infant's eighteenth birthday, except upon
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`further order of this Court, which shall be certified by the Clerk of the Court; and it is further
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`ORDERED, that said bank shall upon Matthew Abreu's demand thereof and without
`•
`further Court Order, pay over to Matthew Abreu when he reaches the age of eighteen on May 28,
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`2030 all monies held for his benefit in his account upon presentation of proper proof thereof to
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`said bank; and it is further
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`FILED: QUEENS COUNTY CLERK 05/18/2018 01:20 PM
`NYSCEF DOC. NO. 65
`
`INDEX NO. 709107/2014
`
`RECEIVED NYSCEF: 05/18/2018
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`ORDERED, that in the event that the infant shall die before reaching the age of eighteen,
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`the balance of the monies held in his account shall be paid to his estate; and it is further
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`ORDERED, that plaintiff's counsel shall to submit for enrollment of the infant-plaintiff'
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`into the Fund, within 45 days of the Judge's signing of the Infant's Compromise Order, a
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`completed Fund application, and to provide a copy to defendant's counsel along with a copy of
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`all supporting documents. And plaintiffs counsel shall comply with any further requirements
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`that the Fund might have in regards to fulfilling the enrollment process of the infant plaintiff into
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`the Fund; and it is further
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`ORDERED, that should plaintiffs counsel fail to submit for enrollment of the infant
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`plaintiff into the Fund a completed Fund application as agreed to herein, or to fulfill any further
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`requirements that the Fund might have in regards to fulfilling the enrollment process of the
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`infant-plaintiff into the Fund, the settlement agreement between and among the parties is
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`voidable by the defendant(s); and it is further
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`ORDERED, that the plaintiffs shall hold the defendant and/or its insurer harmless from
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`any liens; and it is further
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`ORDERED, that conditioned upon compliance with the terms of this Order, Maria Abreu
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`is hereby authorized and empowered to execute and deliver a General Release in favor of the
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`defendant, a Stipulation of Discontinuance and any other instrument necessary to effect said
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`settlement; and it is further
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`ORDERED, that the filing of a bond is hereby waived.
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`ENTER
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`Pit. et)
`
`8 208
`cotjA,
`r CLERK
`QUEENS
`CatjArry
`
`MAY 1 5 2018
`
`HON. PAM JA
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