At the CPT-ADR Part of the Supreme Court of the State of New York, held in and for the County of Westchester located at the Honorable Richard 1.

mother and natural guardian of AD EUN A VALLE, an infant, under the age of fourteen (14) years, duly sworn to on the 11th day of November, 2022, the Affirmation of Paul B. Weitz, Esq., of the firm of Paul B. Weitz & Associates, P.C., attorneys for the plaintiff herein dated the 17th day of November, 2022, the Affirmation of Michael A. Fischbein; Esq., dated the 7th day of February, 2023; the Judicially executed Sealing Order and Infant's Compromise Orderdated August 19,2021 signed by the Honorable Joan B. Lefkowitz (attached as Exhibit "A"); the medical report of Dr. Himali Jayakody dated March 10,2022 (attached as Exhibit "B"); a copy of the mathematical computer printout using the "Medical malpractice" fee scale to calculate the fees of the attorneys (Exhibit "C"), the list of disbursements paid on behalf of the infant-plaintiff, (Exhibit "D"), the confirmation of receipt of payment of Medicaid funds from the Westchester County Department of Social Services (HMS) Office 'of the Medicaid Inspector General dated the 22nd day of November, 2021, confirming the receipt of $31 0.28 paid pursuant to the prior partial settlement of this matter (Exhibit "E"); the final lien letter from The Rawlings Company on behalf of their client, Sunshine Health dated the 2 P!

day of July, 2022, stating they will accept $28,317.10 in full satisfaction of their Medicaid lien (Exhibit "F"); the final lien letter from The , , Rawlings Company on behalf of their client, WellCare - Staywell, dated the 21 st day of July, 2022, stating they will accept $71,682.90 in full satisfaction of their Medicaid lien (Exhibit "G"); the Judicially created and approved Adelina Valle Trust dated September 21, 2021 (Exhibit "H"), the Order of the Honorable Joan Lefkowitz dated the 7th day of July, 2022, Appointing a Special Examiner (attached as Exhibit "I"); the Medical Indemnity Fund Acceptance letter dated October 21,2021 (attached as Exhibit "J"); and upon all of the pleadings and proseedings heretofore had herein; and it appearing that the infant plaintiff, ADELINA VALLE, is 6 years of age, having been born on August 24, 2016 and not competent to settle this case on her own behalf; and said case being settled after the April 1, 2011 effective date of the New York Medical Indemnity Fund (the "Fund"); and the Court having concluded that the aforementioned Infant has sustained a "birth related neurological injury" and is a "qualified plaintiff' as defined under Sections 2999-(h)(1) and 2999-(h)( 4) of the Public Health Law and therefore eligible for enrollment in the Fund; and plaintiff, couns~l for the plaintiffs and counsel for defendant Monica Kapoor having appeared for a virtual [remote] hearing via Microsoft Teams before this Court on March 9,2023, the appearance of the infant having been waived; and upon all the pleadings and proceedings heretofore had herein; and it appearing that the best interests of the infant will be served by the settlement of the infant's action against the rem~ining defendant, MONI CA KAPOOR for the settlement amount of $4, 189,092.44 ($2,094,546.22 for past and future pain and suffering and other "non-fund" damages and' $2,094,546.22 for "Fund" damages), it is NOW, on motion of Paul B. Weitz, Esq., of the firm of PAUL B. WEITZ & ASSOCIATES, P.c., attorneys for the Plaintiff herein for Court approval of the settlement of the infant's action, it is

that SAMANTHA GUZMAN, as mother and natural guardian of the infant- plaintiff, ADELINA VALLE, an infant under the age of fourteen (14) years, is hereby authorized and empowered to enter into a compromise of settlement of the infant's claims against defendant MONICA KAPOOR (hereinafter "settling defendant") in the amount of FOUR MILLION ONE~ HUNDRED EIGHTY NINE THOUSAND NINETY TWO and 441100 ($4,189,092.44) dollars, upon the within terms; and it is further

Out of the up front cash the sum of$410,907.56 to be paid to Paul B. Weitz & Associates, P.c., as and for the attorney's fees, consisting of settling defendants' pro rata share of attorney's fees on "Fund" damages of $205,453.78 and $205,453.78 for past pain and suffering and other "non-Fund" damages; C. Out of the up front cash the sum of $28,317.10 to be paid to The Rawlings Company on behalf of their client, Sunshine Health, as and for the full and final payment of their Medicaid Lien for expenditures made on behalf of the infant and the foregoing is in the best interests of the infant to permit the settlement of this action with reimbursement to be sought from the New York State Medical Indemnity Fund for the medical expense compromising the lien which was incurred by the infant after her admission into the Medical Indemnity Fund '; D. Out of the up front cash the sum of$71,682.90 to be paid to The Rawlings Company on behalf of their client, WellCare - Staywell,as and for the full and final payment of their Medicaid Lien for expenditures made on behalf of the infant; E. Out of the up front cash the sum of $1,709,075.64 fshall be made payable to The Adelina Valle Trust; and it is further; .

mother an,dnatural guardian of years,duly sworn to on the 11th day of November, 2022, the Affirmation of Paul B. Weitz, Esq., of the firm of Paul B. Weitz & Associates, P.C., attorneys for the plaintiff herein dated the 17th day of November, 2022, the Affirmation of Michael A. Fischbein, Esq., dated the 7th day of February, 2023; the Judicially executed Sealing Order and Infant's Compromise Order dated August 19,2021 signed by the Honorable Joan B. Lefkowitz (attached as Exhibit "A"); the medical report of Dr. Himali Jayakody dated March 10,2022 (attached as Exhibit "BOO);a copy .. of the mathematical computer printout using the "Medical malpractice" fee scale to calculate the fees of the attorneys (Exhibit "C"), the list of disbursements paid on behalf of the infant-plaintiff, (Exhibit "D"), the confirmation of receipt of payment of Medicaid funds from the Westchester.

age, having been born on _, 2016 and not competent to settle this case on her own behalf; and said case being settled after the April 1, 2011 effective date of the New York Medical Indemnity Fund (the "Fund"); and the Court having concluded that the aforementioned infant has sustained a "birth related neurological injury" and is a "qualified plaintiff' as defined under Sections 2999-(h)(l) and 2999-(h)(4) of the Public Health Law and therefore eligible for enrollment in the Fund; and plaintiff, counsel for the plaintiffs and counsel for defendant Monica Kapoor having appeared for a virtual [remote] hearing via Microsoft Teams before this Court on March 9, 2023, the appearance of the infant having been waived; and upon all the pleadings and proceedings heretofore had herein; and it appearing that the best interests of the infant will be served by the settlemen!ofthe infant's action against the remaining defendant, MONICA KAPOOR for the settlement amount of$4,189,092.44 ($2,094,546.22 for past and future pain and suffering and other "non-fund" damages and $2,094,546.22 for "Fund" damages), it is NOW, on motion of Paul B. Weitz, Esq., ofthe firm of PAUL B. WEITZ & ASSOCIATES, P.c., attorneys for the Plaintiff herein for Court approval of the settlement of the

Out of the up front cash the sum of$410,907.56 to be paid to Paul B. Weitz & Associates, P.c., as and for the attorney's fees, consisting of settling defendants' pro rata share of attorney's fees on "Fund" damages of$205,453.78 and $205,453.78 for past pain and suffering and other "non-Fund" damages; c. Out of the up front cash the sum of $28,317.10 to be paid to The Rawlings Company on behalf of their client, Sunshine Health, as and for the full and final payment of their Medicaid Lien for expenditures made on behalf of the infant and the foregoing is in the best interests of the infanUo permit the settlement of this action with reimbursement to be sought from the New York State Medical Indemnity Fund for .

that plaintiffs counstl shall file proof of reimbursement of the proportionate share of the Sunshine Health Medicaid lien from the Medical Indemnity Fund and the deposit into

that conditioned upon compliance with the terms of this Order, SAMANTHA GUZMAN, as mother and natural guardians of ~ be and she is hereby authorized and empowered to exeCute and deliver General Releases, stipulations of discontinuance with prejudice and without costs in favor of the settling defendants, and all other instruments necessary to effectuate the settlement herein; and it is further,

Trust, (2) awarding legal fees to Kassoff, Lerner & Associates, LLP for their work in this matter, and (3) such other, further or different relief as may be just and as the Court directs, including the following documents: Petition of Samantha Grimes and Midland Trust Company, sworn to October 11,2023 and October 12,2023, with Exhibits A-C Affidavit of Samantha Grimes, sworn to November 16,2023 Page I of7 Supplemental Affidavit of Samantha Grimes, sworn to December 20, 2023' with Exhibits Affirmation of Services of Steven P. Lemer, Esq., dated December 19,2023 Affidavit of Diane Olear, Midland Trust Senior Trust Officer, swom to December 20, 2023 Supplemental Attorney's Affirmation of Steven P. Lemer, Esq., dated December 21, 2023, with exhibits Filed Documents: Seating Order and Inlant Compromise Order, entered March 9,2023 Supplemental Affidavit of Samantha Grimes, swom to August 4, 2022, submitted in support of prior motion for withdrawal of Trust funds Upon the reading of the fbregoing papers, the motion is determined as follows: In this action, plaintiffs alteged medical malpractice during the birth and delivery of infant A.V.

The movants have entered into a contract for sale ofreal property located at 12374 Fitlmore Street, Springs Hilt, Florida (hereinafter "the house") for the purchase price of $585,000.00.

Samantha Grimes also requests that her adult daughter, who would reside in the house with the family and is a nursing student, not be required to pay rent insofar as she currently assists in A.V.

Based upon the home inspection report and appraisal which were filed in support of the motion, this court concludes that the house is in relatively good repair and the purchase price is reasonable.

Trust, is authorized to pay directly to the vendor/service provider the cost of a new water heater and the exterior painting ofsaid house Iocated at 12374 Fitlmore Street, Springs Hitl, Florida, from The A.V.

At a Settlement Conference Part of the Supreme Court of the State ofN ew York, held in and for the County of Westchester located at the Honorable Richard J. Daronco Westchester County Courthouse 111 Dr. Martin Luther King, Jr., Blvd., Courtroom 1600, White Plains, New York 10601, on the ~ day of De~ '001 , 2022.

the defendants' counsel and/or insurer, the Department of Social Services for the County of Westchester, the New York State Medicaid Inspector General, ,The Rawlings Company on behalf of their client, Sunshine Health and The Rawlings Company on "behalf of their client, WellCare - Staywell, show cause at the Settlement Conference Part of the Supreme Court of the State of New York held in and for the County of Westchester located at the Hon.

let service of a copy of this Order, together with the papers upon which it is based, be made by OW-Y"emightmailltieliwry on or before 'p~ ~'(sc~t= day of 'De~heA, 2022, upon (I) defendant's (2) John M. Nonna, Esq., counsel,

Rawlings Company on behalf of their clients, Sunshine Health and WellCare D ~1M~1Ak--mlt1/

eRJ)ERlm thal HMS andfer the MeEliGaid IDspector General shaH serve a lien letter on "l'la:intiffs semlSeI PRof to the return date.

To commence the statutory time period for appeals as of right [CPLR 5513(a)], you are advised to serve a copy of this order, with notice of entry upon all parties.

an infant by her mother and natural guardian Samantha Guzman, -against- Plaintiff, Erica Jacovetty and Marvelle Maloney, Westchester Medical Center and Westchester Health Care Corporation, Monica Kapoor and Advanced Physicians Services, P.C., Defendant( s) --~-----------------------------------------~-------~---------------------)(

The Rule permits only the inclusion of a minor's initials and any individual's year of birth in filed documents.

Accordingly, it is ORDERED that, the Westchester County Clerk is directed to seal document numbers 223,225,259 and 260, such that they are accessible only to the court and counsel of record; and it is further .

ORDERED that, on or before December 8, 2022 at 3:00 P.M., plaintiff shall file redacted versions of the sealed documents with only the infant's initials and year of birth visible) ; and it is further ORDERED that, on or before December 8, 2022 at 3:00 P.M., the parties shall file a Stipulation of Settlement subject to an infant compromise with respect to Defendant Monica Kapoor, as required by the Civil Case Management Part Rules and the Infant Compromise Rules.

A.V., an infant by her mother and natural guardian

Upon reading and filing SJ Chapman’s Affirmation of Attorney Fees dated December 5, 2022,

Midland Trust Company as corporate trustee of the A.V.

Trust is ordered to pay to Bielski Chapman, Ltd. the sum of $4,655.00 plus $20.00 in disbursements for services rendered during the period February 8, 2022 - August 24, 2022