I.M. et, al v. Dicostanzo et, al

Filing 210

INFANT COMPROMISE ORDER CONCERNING SETTLEMENT WITH DEFENDANT ORANGE REGIONAL MEDICAL CENTER ONLY: Upon reading and filing the affidavit of Danielle McElnea, as mother and natural guardian of the infant herein, sworn to the 27th day of February, 202 0, the affirmation of Jordan K. Merson, Esq. dated the 2nd day of March, 2020; the report of Joseph Carfi, M.D. dated January 31, 2018 and the report of Michael Katz, M.D. dated January 16, 2018; and I.M. having been born on March 6, 2015; and is now 4 years of age; and it appearing that I.M. is not competent to settle this action on her own behalf; and upon all of the pleadings and proceedings has herein; and it appearing there from that it is to the best interests of I.M. to settle and compromise the cause of action herein, (As further set forth herein this Order.) SO ORDERED. (Signed by Judge Lewis J. Liman on 3/31/2020) (va)

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harmless agreement shall pay $360.70 to DHS in satisfaction of the Medicaid lien and
$249,639.30 to Danielle McElnea, as mother and natural guardian of I.M., an infant, and
Danielle McElnea, Individually, and Merson Law PLLC as attorneys.
ORDERED,

that

upon

defendant

Orange

Regional

Medical

Center,

and

their representatives and the law office of Martin Clearwater & Bell LLP shall be held
harmless an indemnified from any claim and/or lien that may be claimed against this lawsuit,
now and in the future, and it is further,
ORDERED, that Danielle McElnea is hereby granted leave to execute a General
Release,

Settlement

Discontinuance

Agreement,

Hold

Harmless

Agreement

and

Stipulation of

and other papers or documents necessary to effectuate the settlement

embodied herein.

3/31/2020
_____________________________________
HONORABLE LEWIS J. LIMAN USDJ