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At a Trial Term Part of the Supreme Court of the State of New
York, County of Suffolk at the Courthouse located at 1 Court St,
Riverhead, NY 11901, on the day of_ 2018
PRESENT:
HON. WILLIAM B. REBOLINI
Justice
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
______________ _______.._______...---------------X
xxxxxx xxxxxxxx, on behalf of S , an
infant under the age of 18, and xxxxxx xxxxxxxx, Infant Compromise
Individually, Order
Plaintiff(s), (Partial Settlement)
Index No: 26910/2012
-against-
RONALD J. TADEO, M.D., RICHARD PITCH, M.D., SCOTT
BERLIN, M.D., SHORE PSYCHIATRIC CENTER, FAMILY
PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN
ASSOCIATES, JANSSEN PHARMACEUTICALS, INC. and
ZYDUS PHARMACEUTICALS (USA), INC.
Defendant(s).
______________.------------··--------- -------X
Upon reading and filing the Affidavit of xxxxxx xxxxxxxx, annexed hereto as (Exhibit A),
mother and natural guardian of C S the infant herein, the affirmation of
attorney xxxxxx xxxxxxx, and the report of Michael Proothi, D.M.D. annexed hereto as (Exhibit
B), and it appearing that the best interests of the minor will be served by the partial settlement
and compromise of the pending litigation as against .
only in the amount of
NOW, on the motion of NAPOLI SHAKOLNIK PLLC, attorneys of records for plaintiffs
herein, itis hereby,
ORDERED, ADJUDGED AND DECREED, that xxxxxx xxxxxxxx, the mother
of the infant plaintiff, C S be and hereby is authorized and empowered and
directed to compromise and settle the cause of action on behalf of the minor plaintiff for personal
injuries sustained by the minor, C S ; and itis further
ORDERED that
or their liability insurers, shall issue checks within 21
days of the date of this Order is signed, pay the sum of
the infant's claim herein, with the total obligations for the within
settlement are as follows:
.----
ORDERED that will issue checks as outlined below:
1. A check payable to Napoli Shkolnik PLLC in the amount of
which
, forthe disbursements expended in the investigation, litigation and mediation
of this matter; as well as
attorneys'
as payment of fee for compensation and services;
2. A check payable to in the amount of
in satisfaction of plaintiff's healthcare lien;
3. A check payable to xxxxxx xxxxxxxx in the amount of
as reimbursement for Mrs. xxxxxxxx's out-of-pocket expenses;
4. The balance thereof in the sum of
to be paid to and received by
SM
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infant and received by xxxxxx xxxxxxxx, mother and natural guardian, to be held jointly with an
officer of the bank , to be used to fund any future healthcare
expenses during the remainder of CW S 's infancy; and itis further
ORDERED that will issue checks as follows:
i. A check in the amount o to be paid
to and received by S , infant and received by xxxxxx xxxxxxxx, mother and natural
guardian, to be held jointly with an officer of the hank , to be
used to fund any future healthcare expenses during the remainder of C SM's infancy.
ii. The balance thereof in the sum
fund the purchase of a structured settlement annuity from
"A+"
Company, which is licensed in the State of New York, and are currently rated
(Superior) or better by A.M. Best Company, which will pay the (sums) future periodic
payments pursuant to the following terms and the terms listed under Exhibit C and approved
by this Court:
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ORDERED that the above aforemcñtioned payments stated as guaranteed shall be paid
whether or not CW S is alive. In the event that CW S dies at any time prior to
the receipt of allpayments described as guaranteed, the balance of any guaranteed payments
shall be paid to the Estate of CMS , or to any such person he may so designate upon
attaining the age of majority; and itis further
ORDERED, that the future payment amounts outlined in Paragraph (A) are guarañteed
based upon a projected annuity purchase date of . Any delay in funding the
annuity may result in a delay of the payment dates or change in payment amounts that shall be
recorded in the settlement agreement and release, qualified assignment document and annuity
contract without the need of obtaining an ameñded Petition/Court Order/New Infants
Compromise Order up to 180 days afteroriginal purchase date; and itis further
ORDERED, that the obligation of the Defendant, , inParagraph
(A) above may be met by assigning to and arranging for an assumption by
Company, Inc. ("Assignee") of said Defendant's obligation to make the future periodic payments
set forth in Paragraph (A) above, pursuant to Internal Revenue Code § 130(c).
may fund the obligation assumed by the purchase of annuity policy
from , an A.M. Best Company rated A+ insurer
licensed to do business in the State of New York, which shall be owned by MetLife Assigñmcñt
Company, Inc., pursuant to Internal Revenue Code § 130(d). C S shall have a security
interest in the annuity used to fund their respective periodic payments.
Insurance Company shall guarantee the performañce o ; and
itis further
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ORDERED, that the Defendant, shall fund the periodic
payment obligation in Paragraph (A) by issuing a check or draft made payable to
, Inc. in the sum of
and delivering said check or draft to the structured settlement broker placing the
case; and itis
further
ORDERED, that no part of the sum being paid by the Defendant,
, to provide future periodic payments as set forth in this Order may be paid
directly to Plaintiff, as the parties having negotiated for and the Court having determined that a
structured settlement are in the best interest of the Plaintiff and that said periodic payments
constitute damages on account of physical injury or physical sickness, in a case involving
physical injury or physical sickness, within the meaning of §104(a)(2) and §130(c) of the
Internal Revenue Code of 1986, as amended; and itis further
ORDERED, that Defendant, is not the guarantor or insurer
with respect to the aforementioned annuities, and that the responsibilities of Defendant,
are satisfied upon payment of the sums necessary for the purchase of the
annuity, the up-front cash payment, the payment of attorneys fee and disbursements, the signing
of the Settlement Agreement and Release, Qualified Assigñmcñ‡ and Release with Pledge
Agreement and General Release as herein ordered, and the approval of the Supreme Court of
Suffolk County of the allocation and distribution of the structured settlement; and itis further
ORDERED, that the structured settlement provided herein is a condition of the
settlement and is deemed adequate and in the best interest of the Plaintiff; and itis further
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ORDERED, that the rights, responsibilities and obligations of Defendants
only are totally extinguished and satisfied upon
payment of the sums necessary for the purchase of the annuity, the up-front cash payment, the
payment of attorney fees and disbursements, and the signing of the Settlement Agrccmcñt and
Release and Qualified Assignment and Release with Pledge Agreement as herein ordered, and
the approval of the Supreme Court of Suffolk County of the allocation and distribution of the
structured settlement; and itis further
ORDERED that upon compliance with the terms of this Order, C S ,
infant and xxxxxx xxxxxxxx, as mother and natural guardian be and hereby authorized to
deliver releases and any and all papers necessary to realize such settlement and collect such
monies; and itis further
ORDERED that the filing of a bond is hereby dispensed therewith.
E N T E R
Hon. William B. Rebolini, J. S. C.
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Preview
At a Trial Term Part of the Supreme Court of the State of New York, County of Suffolk at the Courthouse located at 1 Court St, Riverhead, NY 11901, on the day of_ 2018 PRESENT: HON. WILLIAM B. REBOLINI Justice SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ______________ _______.._______...---------------X xxxxxx xxxxxxxx, on behalf of S , an infant under the age of 18, and xxxxxx xxxxxxxx, Infant Compromise Individually, Order Plaintiff(s), (Partial Settlement) Index No: 26910/2012 -against- RONALD J. TADEO, M.D., RICHARD PITCH, M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES, JANSSEN PHARMACEUTICALS, INC. and ZYDUS PHARMACEUTICALS (USA), INC. Defendant(s). ______________.------------··--------- -------X Upon reading and filing the Affidavit of xxxxxx xxxxxxxx, annexed hereto as (Exhibit A), mother and natural guardian of C S the infant herein, the affirmation of attorney xxxxxx xxxxxxx, and the report of Michael Proothi, D.M.D. annexed hereto as (Exhibit B), and it appearing that the best interests of the minor will be served by the partial settlement and compromise of the pending litigation as against . only in the amount of NOW, on the motion of NAPOLI SHAKOLNIK PLLC, attorneys of records for plaintiffs herein, itis hereby, ORDERED, ADJUDGED AND DECREED, that xxxxxx xxxxxxxx, the mother of the infant plaintiff, C S be and hereby is authorized and empowered and directed to compromise and settle the cause of action on behalf of the minor plaintiff for personal injuries sustained by the minor, C S ; and itis further ORDERED that or their liability insurers, shall issue checks within 21 days of the date of this Order is signed, pay the sum of the infant's claim herein, with the total obligations for the within settlement are as follows: .---- ORDERED that will issue checks as outlined below: 1. A check payable to Napoli Shkolnik PLLC in the amount of which , forthe disbursements expended in the investigation, litigation and mediation of this matter; as well as attorneys' as payment of fee for compensation and services; 2. A check payable to in the amount of in satisfaction of plaintiff's healthcare lien; 3. A check payable to xxxxxx xxxxxxxx in the amount of as reimbursement for Mrs. xxxxxxxx's out-of-pocket expenses; 4. The balance thereof in the sum of to be paid to and received by SM 2 infant and received by xxxxxx xxxxxxxx, mother and natural guardian, to be held jointly with an officer of the bank , to be used to fund any future healthcare expenses during the remainder of CW S 's infancy; and itis further ORDERED that will issue checks as follows: i. A check in the amount o to be paid to and received by S , infant and received by xxxxxx xxxxxxxx, mother and natural guardian, to be held jointly with an officer of the hank , to be used to fund any future healthcare expenses during the remainder of C SM's infancy. ii. The balance thereof in the sum fund the purchase of a structured settlement annuity from "A+" Company, which is licensed in the State of New York, and are currently rated (Superior) or better by A.M. Best Company, which will pay the (sums) future periodic payments pursuant to the following terms and the terms listed under Exhibit C and approved by this Court: 3 ORDERED that the above aforemcñtioned payments stated as guaranteed shall be paid whether or not CW S is alive. In the event that CW S dies at any time prior to the receipt of allpayments described as guaranteed, the balance of any guaranteed payments shall be paid to the Estate of CMS , or to any such person he may so designate upon attaining the age of majority; and itis further ORDERED, that the future payment amounts outlined in Paragraph (A) are guarañteed based upon a projected annuity purchase date of . Any delay in funding the annuity may result in a delay of the payment dates or change in payment amounts that shall be recorded in the settlement agreement and release, qualified assignment document and annuity contract without the need of obtaining an ameñded Petition/Court Order/New Infants Compromise Order up to 180 days afteroriginal purchase date; and itis further ORDERED, that the obligation of the Defendant, , inParagraph (A) above may be met by assigning to and arranging for an assumption by Company, Inc. ("Assignee") of said Defendant's obligation to make the future periodic payments set forth in Paragraph (A) above, pursuant to Internal Revenue Code § 130(c). may fund the obligation assumed by the purchase of annuity policy from , an A.M. Best Company rated A+ insurer licensed to do business in the State of New York, which shall be owned by MetLife Assigñmcñt Company, Inc., pursuant to Internal Revenue Code § 130(d). C S shall have a security interest in the annuity used to fund their respective periodic payments. Insurance Company shall guarantee the performañce o ; and itis further 4 ORDERED, that the Defendant, shall fund the periodic payment obligation in Paragraph (A) by issuing a check or draft made payable to , Inc. in the sum of and delivering said check or draft to the structured settlement broker placing the case; and itis further ORDERED, that no part of the sum being paid by the Defendant, , to provide future periodic payments as set forth in this Order may be paid directly to Plaintiff, as the parties having negotiated for and the Court having determined that a structured settlement are in the best interest of the Plaintiff and that said periodic payments constitute damages on account of physical injury or physical sickness, in a case involving physical injury or physical sickness, within the meaning of §104(a)(2) and §130(c) of the Internal Revenue Code of 1986, as amended; and itis further ORDERED, that Defendant, is not the guarantor or insurer with respect to the aforementioned annuities, and that the responsibilities of Defendant, are satisfied upon payment of the sums necessary for the purchase of the annuity, the up-front cash payment, the payment of attorneys fee and disbursements, the signing of the Settlement Agreement and Release, Qualified Assigñmcñ‡ and Release with Pledge Agreement and General Release as herein ordered, and the approval of the Supreme Court of Suffolk County of the allocation and distribution of the structured settlement; and itis further ORDERED, that the structured settlement provided herein is a condition of the settlement and is deemed adequate and in the best interest of the Plaintiff; and itis further 5 ORDERED, that the rights, responsibilities and obligations of Defendants only are totally extinguished and satisfied upon payment of the sums necessary for the purchase of the annuity, the up-front cash payment, the payment of attorney fees and disbursements, and the signing of the Settlement Agrccmcñt and Release and Qualified Assignment and Release with Pledge Agreement as herein ordered, and the approval of the Supreme Court of Suffolk County of the allocation and distribution of the structured settlement; and itis further ORDERED that upon compliance with the terms of this Order, C S , infant and xxxxxx xxxxxxxx, as mother and natural guardian be and hereby authorized to deliver releases and any and all papers necessary to realize such settlement and collect such monies; and itis further ORDERED that the filing of a bond is hereby dispensed therewith. E N T E R Hon. William B. Rebolini, J. S. C. 6