CASTILLO et al v. UNITED STATES OF AMERICA et al

Filing 71

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 70 Report and Recommendations, ***CIVIL CASE TERMINATED. Signed by Judge Katharine S. Hayden on 3/30/16. (cm )

United States District Court

for the District of New Jersey

N.P.C., by her Guardian Ad Litem DEMELIN
CASTILLO MERIDA,and, DEMELIN
CASTILLO MERIDA and HECTOR PEREZ,

Individually,
Plaintiffs,

Civil No: 10-992(KSH)(CLW)

V.
UNITED STATES OF AMERICA

ORDER OF DISTRIBUTION
OF SETTLEMENT

Defendant.

Katharine S. Havden. U.S.D.J.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the settlement

amount of $350,000.00 (the "Settlement Amount") set forth in the Stipulation of Compromise,
Settlement, and Release of Federal Tort Claims Act Claims Pursuant to 28 U.S.C. § 2677 (the

"Stipulation"), shall be distributed according to the terms and conditions of the Stipulation.
With respect to the funds that will be issued by check to Plaintiffs' attorney pursuant to

paragraph 11 of the Stipulation, the following disbursements are approved by the Court and
ordered to be paid as provided herein from the attorney's client trust account:
1. Attorney's fees: $77,886.37;

2. Disbursements, Costs and Expenses: $38,454.51;
3. Payment to the Treasurer, State ofNew Jersey for reimbursement of minor's
Medicaid lien: $36,525.35;

4. Mandelbaum Salsburg: $2,400.00 for the preparation of a Special Needs Trust;
5. Demelin Castillo Merida: $12,500.00 for her personal injury; and

6. Hector Perez: $12,500.00 for his personal injury.

7. The aggregated amount ofset forth in No.3 above is based upon Plaintiffs' counsel's
representation to the Court that he has conducted a diligent search of his files and his
clients' files, identified the names ofindividuals and entities who may have a lien or claim

for payment or reimbursement for providing goods or services to the minor or for making

payments on behalfofthe minor, has determined the amoimt claimed by each, and
calculated the aggregate amount claimed. The aggregate amount ofsaid liens and claims

shall be used to pay or resolve the liens and claims identified above. Once said liens or
claims have been paid or finally resolved. Plaintiffs' counsel shall pay the balance(the
"Balance") ofthe funds to the Special Needs Trust ofN.P.C. of 2015.

8. Tlie remaining proceeds in the amount of$169,733.77 received by N.P.C.,
including all payments derived from any annuity, and the right to receive any

payments from any annuity derived from this settlement, whether they represent
principal or income, and any principal or income payable from any other source
that was derived :from the settlement shall be paid (and are hereby irrevocably

assigned) to the Trustee ofthe Trust described in tlie subsequent paragraphs of this
Order, and thereafter held in trust for the remainder ofN.P.C.'s life to be used

only to meet those of her needs that carmot be met through private insurance or
under any government or private program of financial entitlements, services or
other benefits. During N.P.C.'s lifetime, the trust assets shall not be used to

reimburse any public or private agency, including an insurance carrier, for the
care, support, maintenance or education ofN.P.C. or to pay any associated fees.
The proceeds shall not be paid to N.P.C. or applied for her benefit for any purpose,
including pa3mient for food, clothing or shelter, ifto do so would render her

ineligible for any public or private program of significant value, or, significantly
reduce the benefits to which she is entitled.

9. S.O.S. Eldercare Consultants, L.L.C., shall serve as trustee under a Trust
Agreement. Said Trust Agreement shall be known as N.P.0. SPECIAL NEEDS
TRUST. No bond shall be posted.

10. Plaintiffs having submitted to the Court for review a Trust Agreement which
conforms to the terms of this Order, such agreement is approved. Said Trust
having been established by Plaintiff, Demelin Castillo Merida at the direction of

this Court. For the purposes of42 U.S.C.A. § 1396p(d)(4XA) and 42 U.S.C.A. §
1382b(e)(5), the Trust shall be deemed to have been established by the Court.
(Exhibit A - Trust Agreement).
11. The personal representatives of N.P.C. are directed to continue to seek all benefits

and services that N.P.C. is now or may be entitled to receive fi-om any
government or private program, including private insurance. None ofthese

benefits shall be commingled with any funds that the Court has directed to be
placed into Trust.

ORDERED that the clerk of the court is directed to close the case.

Dated this 30thdayofMarch2016

Katharine S. Hayden, U.