In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-54V
Filed: October 7, 2014
Not for Publication
*************************************
MISTY KELM, Parent of B.K., a Minor, *
*
Petitioner, *
* Damages decision based on proffer;
v. * Measles-Mumps-Rubella (MMR)
* vaccine; hepatitis A (hep A) vaccine;
SECRETARY OF HEALTH * varicella vaccine; neurological
AND HUMAN SERVICES, * injuries; Table encephalopathy
*
Respondent. *
*
*************************************
Ronald C. Homer, Boston, MA, for petitioner.
Lara A. Englund, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On January 27, 2012, petitioner filed a petition under the National Childhood Vaccine
Injury Act, 42 U.S.C. §§ 300aa-10–34 (2006), alleging that her child, B.K., suffered neurological
injuries as a result of the Measles-Mumps-Rubella (“MMR”), hepatitis A (“hep A”), and
varicella vaccinations B.K. received on February 6, 2009. On September 4, 2012, respondent
filed her Rule 4(c) Report, conceding that B.K. suffered a Table encephalopathy and
recommending compensation.
1
Because this decision contains a reasoned explanation for the special master's action in this case, the
special master intends to post this decision on the United States Court of Federal Claims's website, in
accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the
public unless they contain trade secrets or commercial or financial information that is privileged and
confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted
invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact
such information prior to the document=s disclosure. If the special master, upon review, agrees that the
identified material fits within the banned categories listed above, the special master shall redact such
material from public access.
1
On October 7, 2014, respondent filed Respondent’s Proffer on Award of Compensation.
The undersigned finds the terms of the proffer to be reasonable. Based on the record as a whole,
the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to
the terms stated in the attached proffer, the court awards:
a. a lump sum of $1,164,147.29, representing compensation for life care expenses
expected to be incurred during the first year after judgment ($125,166.82), lost future
earnings ($800,000.00), and pain and suffering ($238,980.47). The award shall be in
the form of a check for $1,164,147.29 payable to petitioner, as guardian/conservator
of B.K., for the benefit of B.K.;
b. a lump sum of $7,506.60, representing compensation for additional past
unreimbursable expenses. The award shall be in the form of a check for $7,506.60
payable to petitioner, Misty Kelm;
c. a lump sum of $165,066.70, representing compensation for satisfaction of the State of
Arkansas Medicaid lien. The award shall be in the form of a check for $165,066.70
payable jointly to petitioner and
State of Arkansas Medicaid
Office of Policy and Legal Services
Arkansas Department of Human Services
P.O. Box 1437, Slot S260
Little Rock, AR 72203-1437
Medicaid Case No: 148862
Attn: Ms. Angie Foster.
Petitioner agrees to endorse this payment to the State of Arkansas; and
d. an amount sufficient to purchase the annuity contract described in section II.D. of the
attached proffer. The award shall be in the form of a check payable to the life
insurance company from which the annuity will be purchased.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: October 7, 2014 /s/ Laura D. Millman
Laura D. Millman
Special Master
2
Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_______________________________________
MISTY KELM, parent of B.K., a minor, )
)
Petitioner, )
)
v. ) No. 12-54V
) Special Master Laura Millman
SECRETARY OF HEALTH AND HUMAN ) ECF
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Life Care Items
Respondent engaged life care planner Laura Fox, MSN, RN, CNCLP, and petitioner
engaged Maureen Clancy, RN, BSN, CLCP, to provide an estimation of B.K.’s future vaccine-
injury related needs. For the purposes of this proffer, the term “vaccine related” is as described
in respondent’s Rule 4(c) Report filed September 4, 2012. All items of compensation either
identified in the joint life care plan are illustrated by the chart entitled Appendix A: Items of
Compensation for B.K., attached hereto as Tab A. 1 Respondent proffers that B.K. should be
awarded all items of compensation set forth in the joint life care plan and illustrated by the chart
attached at Tab A. Petitioner agrees.
B. Lost Future Earnings
The parties agree that based upon the evidence of record, B.K. will not be gainfully
employed in the future. Therefore, respondent proffers that B.K. should be awarded lost future
1
The chart at Tab A illustrates the annual benefits provided by the joint life care plan. The
annual benefit years run from the date of judgment up to the first anniversary of the date of
judgment, and every year thereafter up to the anniversary of the date of judgment.
earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(B). Respondent
proffers that the appropriate award for B.K.’s lost future earnings is $800,000.00. Petitioner
agrees.
C. Pain and Suffering
Respondent proffers that B.K. should be awarded $238,980.47 in actual and projected
pain and suffering. This amount reflects that the award for projected pain and suffering has been
reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to B.K.’s vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $7,506.60. Petitioner agrees.
E. Medicaid Lien
Respondent proffers that B.K. should be awarded funds to satisfy the State of Arkansas
Medicaid lien in the amount of $165,066.70, which represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action the State of Arkansas may have against
any individual as a result of any Medicaid payments the State of Arkansas has made to, or on
behalf of, B.K. from the date of her eligibility for benefits through the date of judgment in this
case as a result of her vaccine-related injury suffered on or about February 6, 2009, under Title
XIX of the Social Security Act.
2
II. Form of the Award
The parties recommend that the compensation provided to B.K. should be made through
a combination of lump sum payments and future annuity payments as described below, and
request that the Special Master’s decision and the Court’s judgment award the following: 2
A. A lump sum payment of $1,164,147.29, representing compensation for life care
expenses expected to be incurred during the first year after judgment ($125,166.82), lost future
earnings ($800,000.00), and pain and suffering ($238,980.47) in the form of a check payable to
petitioner as guardian/conservator of B.K., for the benefit B.K. No payments shall be made until
petitioner provides respondent with documentation establishing that she has been appointed as
the guardian/conservator of B.K.’s estate. If petitioner is not authorized by a court of competent
jurisdiction to serve as guardian/conservator of the estate of B.K., any such payment shall be
made to the party or parties appointed by a court of competent jurisdiction to serve as
guardian/conservator of the estate of B.K. upon submission of written documentation of such
appointment to the Secretary.
B. A lump sum payment of $7,506.60, representing compensation for additional past
unreimbursable expenses, in the form of a check payable to petitioner, Misty Kelm.
C. A lump sum payment of $165,066.70, representing compensation for satisfaction of
the State of Arkansas Medicaid lien, payable jointly to petitioner and
State of Arkansas Medicaid
Office of Policy and Legal Services
Arkansas Department of Human Services
P.O. Box 1437, Slot S260
Little Rock, AR 72203-1437
Medicaid Case No: 148862
Attn: Ms. Angie Foster
2
Should B.K. die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.
3
Petitioner agrees to endorse this payment to the State of Arkansas.
D. An amount sufficient to purchase an annuity contract, 3 subject to the conditions
described below, that will provide payments for the life care items contained in the life care plan,
as illustrated by the chart at Tab A, attached hereto, paid to the life insurance company 4 from
which the annuity will be purchased. 5 Compensation for Year Two (beginning on the first
anniversary of the date of judgment) and all subsequent years shall be provided through
respondent’s purchase of an annuity, which annuity shall make payments directly to petitioner
(or any other party who is appointed) as guardian/conservator of the estate of B.K., only so long
as B.K. is alive at the time a particular payment is due. At the Secretary’s sole discretion, the
periodic payments may be provided to petitioner in monthly, quarterly, annual or other
installments. The “annual amounts” set forth in the chart at Tab A describe only the total yearly
sum to be paid to petitioner and do not require that the payment be made in one annual
installment.
3
In respondent’s discretion, respondent may purchase one or more annuity contracts from one
or more life insurance companies.
4
The Life Insurance Company must have a minimum of $250,000,000 capital and surplus,
exclusive of any mandatory security valuation reserve. The Life Insurance Company must have
one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability
Rating: AA-, AA, AA+, or AAA.
5
Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case
consistent with the Privacy Act and the routine uses described in the National Vaccine Injury
Compensation Program System of Records, No. 09-15-0056.
4
1. Growth Rate
Respondent proffers that a four percent (4%) growth rate should be applied to all non-
medical life care items, and a five percent (5%) growth rate should be applied to all medical life
care items. Thus, the benefits illustrated in the chart at Tab A that are to be paid through annuity
payments should grow as follows: four percent (4%) compounded annually from the date of
judgment for non-medical items, and five percent (5%) compounded annually from the date of
judgment for medical items. Petitioner agrees.
2. Life-contingent annuity
Petitioner will continue to receive the annuity payments from the Life Insurance
Company only so long as B.K. is alive at the time that a particular payment is due. Written
notice shall be provided to the Secretary of Health and Human Services and the Life Insurance
Company within twenty (20) days of B.K.’s death.
3. Guardianship
No payments shall be made from the annuity until petitioner provides respondent with
documentation establishing that she has been appointed as the guardian/conservator of B.K.’s
estate. If petitioner is not authorized by a court of competent jurisdiction to serve as
guardian/conservator of the estate of B.K., any such payment shall be made to the party or
parties appointed by a court of competent jurisdiction to serve as guardian/conservator of the
estate of B.K. upon submission of written documentation of such appointment to the Secretary.
5
III. Summary of Recommended Payments Following Judgment
A. Lump Sum paid to petitioner as guardian/conservator of B.K.’s
estate: $1,164,147.29
B. Lump Sum paid to petitioner, Misty Kelm: $ 7,506.60
C. Reimbursement for Medicaid Lien: $ 165,066.70
D. An amount sufficient to purchase the annuity contract described
above in section II. D.
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 307-3013
DATED: October 7, 2014
6
Appendix A: Items of Compensation for B.K. Page 1 of 15
Lump Sum
ITEMS OF Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation
COMPENSATION G.R. * M Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9
2014 2015 2016 2017 2018 2019 2020 2021 2022
BCBS AR Gold MOP 5% 3,800.00 3,800.00 3,800.00 3,800.00 3,800.00 3,800.00 3,800.00 3,800.00 3,800.00
BCBS AR Gold
Premium 5% M 2,029.44 2,029.44 2,029.44 2,029.44 2,029.44 2,029.44 2,029.44 2,029.44 2,029.44
Medicare Part B
Premium 5% M
Medicare Part B
Deductible 5% *
Medigap 5% M
Medicare Part D 5% M
Pediatrician/ PCP 5% *
Neurologist 5% *
Sleep MD 5% *
Psychiatrist 5% *
Urology 5% *
Dental Cleaning 5% 300.00 300.00 300.00 300.00 300.00 300.00 300.00 300.00 300.00
EEG 5% *
Sleep EEG 5% *
Chest X-ray 5% *
Kidney Ultrasound 5% *
CBC 5% *
Cholesterol 5% *
Urinalysis 5% *
Clonidine 5% *
Flovent 5% *
Ventolin 5% *
Diastat 5% *
Risperidone 5% *
Prevacid 5% *
Zyrtec 4% 11.76 11.76 11.76 11.76 11.76 11.76 11.76 11.76 11.76
Mirilax 4% 94.80 94.80 94.80 94.80 94.80 94.80 94.80 94.80 94.80
Gummy Fiber Bears 4% 39.91 39.91 39.91 39.91 39.91 39.91 39.91 39.91 39.91
Appendix A: Items of Compensation for B.K. Page 2 of 15
Lump Sum
ITEMS OF Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation
COMPENSATION G.R. * M Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9
2014 2015 2016 2017 2018 2019 2020 2021 2022
PT 4% *
OT 4% *
ST 4% *
Behavioral Therapy 4% *
Hippo Therapy 4% 625.00 625.00 625.00 625.00 625.00 625.00 625.00 625.00 625.00
Nutritionist 4% 525.00 315.00 315.00 315.00
Home Monitoring 4% 749.88 749.88 749.88 749.88 749.88 749.88 749.88 749.88 749.88
iPad 4% 399.00 399.00
Rocking Chair 4% 169.00 169.00
Special Clothing &
Footwear 4% 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00
Swim Jacket 4% 50.99 25.50 25.50 25.50 25.50 25.50 25.50 25.50 25.50
Pull Ups 4% 1,067.76 1,067.76 1,067.76
Baby Wipes 4% 86.18 86.18 86.18
10 cc Syringes 4% 29.97 29.97 29.97 29.97 29.97 29.97 29.97 29.97 29.97
Hand Sanitizer 4% 42.00 42.00 42.00 42.00 42.00 42.00 42.00 42.00 42.00
Disposable Gloves 4% 200.04 200.04 200.04 47.64 47.64 47.64 47.64 47.64 47.64
Attendant Care School
Days 4% M 27,056.00 27,056.00 27,056.00 27,056.00 27,056.00 27,056.00 27,056.00 27,056.00 27,056.00
Attendant Care Non
School Days 4% M 39,083.00 39,083.00 39,083.00 39,083.00 39,083.00 39,083.00 39,083.00 39,083.00 39,083.00
Attendant Care Respite 4% M 6,384.00 6,384.00 6,384.00 6,384.00 6,384.00 6,384.00 6,384.00 6,384.00 6,384.00
Aqua Therapy 4% 140.00 120.00 120.00 120.00 120.00 120.00 120.00 120.00 180.00
Residential Care 4% M
Mileage: Pediatrician,
Neuro, YMCA, Hippo
Therapy 4% 1,426.03 1,426.03 1,426.03 1,426.03 1,426.03 1,426.03 1,426.03 1,426.03 1,426.03
Mileage: Urologist 4% 103.89 103.89 103.89 103.89 103.89 103.89 103.89 103.89 103.89
Mileage: Psychiatrist 4% 123.74 41.24 20.62 10.31 10.31 10.31 10.31 10.31 10.31
Mileage: Sleep MD 4% 415.56 415.56 415.56 103.89 103.89 103.89 103.89
Mileage: Nutritionist 4% 13.87 13.87 13.87 4.62 4.62 4.62 4.62 4.62 4.62
Appendix A: Items of Compensation for B.K. Page 3 of 15
Lump Sum
ITEMS OF Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation
COMPENSATION G.R. * M Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9
2014 2015 2016 2017 2018 2019 2020 2021 2022
Home Mods 0% 40,000.00
Lost Future Earnings 800,000.00
Pain and Suffering 238,980.47
Past Expenses 7,506.60
Medicaid Lien 165,066.70
Annual Totals 1,336,720.59 84,260.83 83,925.21 82,287.64 82,771.64 82,686.64 82,183.75 82,602.64 82,243.75
Note: Compensation Year 1 consists of the 12 month period following the date of judgment.
Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment.
As soon as practicable after entry of judgment, respondent shall make the following payment to the court-appointed guardian(s)/
conservators(s) of the estate of B.K. for the benefit of B.K., for lost future earnings ($800,000.00),
pain and suffering ($238,980.47), and Yr 1 life care expenses ($125,166.82): $1,164,147.29.
As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner, Misty Kelm,
for past un-reimbursable expenses: $7,506.60.
As soon as practicable after entry of judgment, respondent shall make the following payment jointly to
petitioner and the State of Arkansas, as reimbursement of the state's Medicaid lien: $165,066.70.
Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.
Annual amounts shall increase at the rates indicated in column "G.R." above, compounded annually from the date of judgment.
Items denoted with an asterisk (*) covered by health insurance and/or Medicare.
In the discretion respondent, items denoted with an "M" payable in 12 monthly installments summing to annual amounts given.
Appendix A: Items of Compensation for B.K. Page 4 of 15
ITEMS OF Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation
COMPENSATION G.R. * M Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 Years 18-20
2023 2024 2025 2026 2027 2028 2029 2030 2031-2033
BCBS AR Gold MOP 5% 3,800.00 3,800.00 3,800.00 3,800.00 3,800.00 3,800.00 3,800.00 3,800.00 3,800.00
BCBS AR Gold
Premium 5% M 2,029.44 2,029.44 2,029.44 2,029.44 2,029.44 2,029.44 2,029.44 3,195.96 3,195.96
Medicare Part B
Premium 5% M
Medicare Part B
Deductible 5% *
Medigap 5% M
Medicare Part D 5% M
Pediatrician/ PCP 5% *
Neurologist 5% *
Sleep MD 5% *
Psychiatrist 5% *
Urology 5% *
Dental Cleaning 5% 300.00 300.00 300.00 300.00 300.00 300.00 300.00 300.00 300.00
EEG 5% *
Sleep EEG 5% *
Chest X-ray 5% *
Kidney Ultrasound 5% *
CBC 5% *
Cholesterol 5% *
Urinalysis 5% *
Clonidine 5% *
Flovent 5% *
Ventolin 5% *
Diastat 5% *
Risperidone 5% *
Prevacid 5% *
Zyrtec 4% 11.76 11.76 11.76 11.76 11.76 11.76 11.76 11.76 11.76
Mirilax 4% 94.80 94.80 94.80 94.80 94.80 94.80 94.80 94.80 94.80
Gummy Fiber Bears 4% 39.91 39.91 39.91 39.91 39.91 39.91 39.91 39.91 39.91
Appendix A: Items of Compensation for B.K. Page 5 of 15
ITEMS OF Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation
COMPENSATION G.R. * M Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 Years 18-20
2023 2024 2025 2026 2027 2028 2029 2030 2031-2033
PT 4% *
OT 4% *
ST 4% *
Behavioral Therapy 4% *
Hippo Therapy 4% 625.00 625.00 625.00 625.00
Nutritionist 4% 315.00 315.00 105.00 21.00
Home Monitoring 4% 749.88 749.88 749.88 749.88 749.88 749.88 749.88
iPad 4% 399.00 399.00
Rocking Chair 4% 169.00
Special Clothing &
Footwear 4% 200.00 200.00 200.00 200.00
Swim Jacket 4% 25.50 25.50 25.50 25.50 50.99 10.20 10.20 10.20 10.20
Pull Ups 4%
Baby Wipes 4%
10 cc Syringes 4% 29.97 29.97 29.97 29.97 29.97 29.97 29.97
Hand Sanitizer 4% 42.00 42.00 42.00 42.00 42.00 42.00 42.00
Disposable Gloves 4% 47.64 47.64 47.64 47.64 47.64 47.64 47.64
Attendant Care School
Days 4% M 27,056.00 27,056.00 27,056.00 27,056.00 27,056.00 27,056.00 27,056.00
Attendant Care Non
School Days 4% M 39,083.00 39,083.00 39,083.00 39,083.00 39,083.00 39,083.00 39,083.00
Attendant Care Respite 4% M 6,384.00 6,384.00 6,384.00 6,384.00 6,384.00 6,384.00 6,384.00
Aqua Therapy 4% 180.00 180.00 180.00 180.00 240.00 240.00 240.00
Residential Care 4% M 100,000.00 100,000.00
Mileage: Pediatrician,
Neuro, YMCA, Hippo
Therapy 4% 1,426.03 1,426.03 1,426.03 1,426.03 1,268.53 1,268.53 1,268.53
Mileage: Urologist 4% 103.89 103.89 103.89 103.89 103.89 103.89
Mileage: Psychiatrist 4% 10.31 10.31 10.31 10.31 10.31 10.31 10.31
Mileage: Sleep MD 4% 103.89 103.89 103.89
Mileage: Nutritionist 4% 4.62 4.62 4.62 4.62 4.62 4.62 4.62
Appendix A: Items of Compensation for B.K. Page 6 of 15
ITEMS OF Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation
COMPENSATION G.R. * M Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 Years 18-20
2023 2024 2025 2026 2027 2028 2029 2030 2031-2033
Home Mods 0%
Lost Future Earnings
Pain and Suffering
Past Expenses
Medicaid Lien
Annual Totals 82,516.64 82,957.75 82,347.64 82,243.75 81,765.63 81,202.06 81,704.95 107,557.63 107,473.63
Note: Compensation Year 1 consists of the 12 month period following the date of judgment.
Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment.
As soon as practicable after entry of judgment, respondent shall make the following payment to the court-appointed guardian(s)/
conservators(s) of the estate of B.K. for the benefit of B.K., for lost future earnings ($800,000.00),
pain and suffering ($238,980.47), and Yr 1 life care expenses ($125,166.82): $1,164,147.29.
As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner, Misty Kelm,
for past un-reimbursable expenses: $7,506.60.
As soon as practicable after entry of judgment, respondent shall make the following payment jointly to
petitioner and the State of Arkansas, as reimbursement of the state's Medicaid lien: $165,066.70.
Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.
Annual amounts shall increase at the rates indicated in column "G.R." above, compounded annually from the date of judgment.
Items denoted with an asterisk (*) covered by health insurance and/or Medicare.
In the discretion respondent, items denoted with an "M" payable in 12 monthly installments summing to annual amounts given.
Appendix A: Items of Compensation for B.K. Page 7 of 15
ITEMS OF Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation
COMPENSATION G.R. * M Year 21 Year 22 Year 23 Year 24 Year 25 Year 26 Year 27 Year 28 Year 29
2034 2035 2036 2037 2038 2039 2040 2041 2042
BCBS AR Gold MOP 5% 3,800.00 3,800.00 3,800.00 3,800.00 3,800.00 3,800.00 3,800.00 3,800.00 3,800.00
BCBS AR Gold
Premium 5% M 3,208.80 3,272.64 3,349.32 3,474.00 3,576.24 3,627.36 3,704.16 3,780.84 3,828.72
Medicare Part B
Premium 5% M
Medicare Part B
Deductible 5% *
Medigap 5% M
Medicare Part D 5% M
Pediatrician/ PCP 5% *
Neurologist 5% *
Sleep MD 5% *
Psychiatrist 5% *
Urology 5% *
Dental Cleaning 5% 300.00 300.00 300.00 300.00 300.00 300.00 300.00 300.00 300.00
EEG 5% *
Sleep EEG 5% *
Chest X-ray 5% *
Kidney Ultrasound 5% *
CBC 5% *
Cholesterol 5% *
Urinalysis 5% *
Clonidine 5% *
Flovent 5% *
Ventolin 5% *
Diastat 5% *
Risperidone 5% *
Prevacid 5% *
Zyrtec 4% 11.76 11.76 11.76 11.76 11.76 11.76 11.76 11.76 11.76
Mirilax 4% 94.80 94.80 94.80 94.80 94.80 94.80 94.80 94.80 94.80
Gummy Fiber Bears 4% 39.91 39.91 39.91 39.91 39.91 39.91 39.91 39.91 39.91
Appendix A: Items of Compensation for B.K. Page 8 of 15
ITEMS OF Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation
COMPENSATION G.R. * M Year 21 Year 22 Year 23 Year 24 Year 25 Year 26 Year 27 Year 28 Year 29
2034 2035 2036 2037 2038 2039 2040 2041 2042
PT 4% *
OT 4% *
ST 4% *
Behavioral Therapy 4% *
Hippo Therapy 4%
Nutritionist 4% 21.00 21.00 21.00 21.00 21.00 21.00 21.00 21.00 21.00
Home Monitoring 4%
iPad 4% 399.00 79.80 79.80 79.80 79.80 79.80 79.80 79.80 79.80
Rocking Chair 4%
Special Clothing &
Footwear 4%
Swim Jacket 4% 10.20 10.20 10.20 10.20 10.20 10.20 10.20 10.20 10.20
Pull Ups 4%
Baby Wipes 4%
10 cc Syringes 4%
Hand Sanitizer 4%
Disposable Gloves 4%
Attendant Care School
Days 4% M
Attendant Care Non
School Days 4% M
Attendant Care Respite 4% M
Aqua Therapy 4%
Residential Care 4% M 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00
Mileage: Pediatrician,
Neuro, YMCA, Hippo
Therapy 4%
Mileage: Urologist 4%
Mileage: Psychiatrist 4%
Mileage: Sleep MD 4%
Mileage: Nutritionist 4%
Appendix A: Items of Compensation for B.K. Page 9 of 15
ITEMS OF Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation
COMPENSATION G.R. * M Year 21 Year 22 Year 23 Year 24 Year 25 Year 26 Year 27 Year 28 Year 29
2034 2035 2036 2037 2038 2039 2040 2041 2042
Home Mods 0%
Lost Future Earnings
Pain and Suffering
Past Expenses
Medicaid Lien
Annual Totals 107,885.47 107,630.11 107,706.79 107,831.47 107,933.71 107,984.83 108,061.63 108,138.31 108,186.19
Note: Compensation Year 1 consists of the 12 month period following the date of judgment.
Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment.
As soon as practicable after entry of judgment, respondent shall make the following payment to the court-appointed guardian(s)/
conservators(s) of the estate of B.K. for the benefit of B.K., for lost future earnings ($800,000.00),
pain and suffering ($238,980.47), and Yr 1 life care expenses ($125,166.82): $1,164,147.29.
As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner, Misty Kelm,
for past un-reimbursable expenses: $7,506.60.
As soon as practicable after entry of judgment, respondent shall make the following payment jointly to
petitioner and the State of Arkansas, as reimbursement of the state's Medicaid lien: $165,066.70.
Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.
Annual amounts shall increase at the rates indicated in column "G.R." above, compounded annually from the date of judgment.
Items denoted with an asterisk (*) covered by health insurance and/or Medicare.
In the discretion respondent, items denoted with an "M" payable in 12 monthly installments summing to annual amounts given.
Appendix A: Items of Compensation for B.K. Page 10 of 15
ITEMS OF Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation
COMPENSATION G.R. * M Year 30 Year 31 Year 32 Year 33 Year 34 Year 35 Year 36 Year 37 Year 38
2043 2044 2045 2046 2047 2048 2049 2050 2051
BCBS AR Gold MOP 5% 3,800.00 3,800.00 3,800.00 3,800.00 3,800.00 3,800.00 3,800.00 3,800.00 3,800.00
BCBS AR Gold
Premium 5% M 3,879.84 3,905.52 3,931.08 3,956.64 3,982.20 4,033.32 4,084.44 4,161.12 4,234.68
Medicare Part B
Premium 5% M
Medicare Part B
Deductible 5% *
Medigap 5% M
Medicare Part D 5% M
Pediatrician/ PCP 5% *
Neurologist 5% *
Sleep MD 5% *
Psychiatrist 5% *
Urology 5% *
Dental Cleaning 5% 300.00 300.00 300.00 300.00 300.00 300.00 300.00 300.00 300.00
EEG 5% *
Sleep EEG 5% *
Chest X-ray 5% *
Kidney Ultrasound 5% *
CBC 5% *
Cholesterol 5% *
Urinalysis 5% *
Clonidine 5% *
Flovent 5% *
Ventolin 5% *
Diastat 5% *
Risperidone 5% *
Prevacid 5% *
Zyrtec 4% 11.76 11.76 11.76 11.76 11.76 11.76 11.76 11.76 11.76
Mirilax 4% 94.80 94.80 94.80 94.80 94.80 94.80 94.80 94.80 94.80
Gummy Fiber Bears 4% 39.91 39.91 39.91 39.91 39.91 39.91 39.91 39.91 39.91
Appendix A: Items of Compensation for B.K. Page 11 of 15
ITEMS OF Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation
COMPENSATION G.R. * M Year 30 Year 31 Year 32 Year 33 Year 34 Year 35 Year 36 Year 37 Year 38
2043 2044 2045 2046 2047 2048 2049 2050 2051
PT 4% *
OT 4% *
ST 4% *
Behavioral Therapy 4% *
Hippo Therapy 4%
Nutritionist 4% 21.00 21.00 21.00 21.00 21.00 21.00 21.00 21.00 21.00
Home Monitoring 4%
iPad 4% 79.80 79.80 79.80 79.80 79.80 79.80 79.80 79.80 79.80
Rocking Chair 4%
Special Clothing &
Footwear 4%
Swim Jacket 4% 10.20 10.20 10.20 10.20 10.20 10.20 10.20 10.20 10.20
Pull Ups 4%
Baby Wipes 4%
10 cc Syringes 4%
Hand Sanitizer 4%
Disposable Gloves 4%
Attendant Care School
Days 4% M
Attendant Care Non
School Days 4% M
Attendant Care Respite 4% M
Aqua Therapy 4%
Residential Care 4% M 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00
Mileage: Pediatrician,
Neuro, YMCA, Hippo
Therapy 4%
Mileage: Urologist 4%
Mileage: Psychiatrist 4%
Mileage: Sleep MD 4%
Mileage: Nutritionist 4%
Appendix A: Items of Compensation for B.K. Page 12 of 15
ITEMS OF Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation Compensation
COMPENSATION G.R. * M Year 30 Year 31 Year 32 Year 33 Year 34 Year 35 Year 36 Year 37 Year 38
2043 2044 2045 2046 2047 2048 2049 2050 2051
Home Mods 0%
Lost Future Earnings
Pain and Suffering
Past Expenses
Medicaid Lien
Annual Totals 108,237.31 108,262.99 108,288.55 108,314.11 108,339.67 108,390.79 108,441.91 108,518.59 108,592.15
Note: Compensation Year 1 consists of the 12 month period following the date of judgment.
Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment.
As soon as practicable after entry of judgment, respondent shall make the following payment to the court-appointed guardian(s)/
conservators(s) of the estate of B.K. for the benefit of B.K., for lost future earnings ($800,000.00),
pain and suffering ($238,980.47), and Yr 1 life care expenses ($125,166.82): $1,164,147.29.
As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner, Misty Kelm,
for past un-reimbursable expenses: $7,506.60.
As soon as practicable after entry of judgment, respondent shall make the following payment jointly to
petitioner and the State of Arkansas, as reimbursement of the state's Medicaid lien: $165,066.70.
Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.
Annual amounts shall increase at the rates indicated in column "G.R." above, compounded annually from the date of judgment.
Items denoted with an asterisk (*) covered by health insurance and/or Medicare.
In the discretion respondent, items denoted with an "M" payable in 12 monthly installments summing to annual amounts given.
Appendix A: Items of Compensation for B.K. Page 13 of 15
ITEMS OF Compensation Compensation Compensation Compensation Compensation
COMPENSATION G.R. * M Year 39 Year 40 Year 41 Years 42-59 Years 60-Life
2052 2053 2054 2055-2072 2073-Life
BCBS AR Gold MOP 5% 3,800.00 3,800.00 3,800.00
BCBS AR Gold
Premium 5% M 4,336.92 4,464.72 4,614.96
Medicare Part B
Premium 5% M 1,258.80 1,258.80
Medicare Part B
Deductible 5% * 147.00
Medigap 5% M 3,338.40 2,007.00
Medicare Part D 5% M 841.20 841.20
Pediatrician/ PCP 5% *
Neurologist 5% *
Sleep MD 5% *
Psychiatrist 5% *
Urology 5% *
Dental Cleaning 5% 300.00 300.00 300.00 300.00 300.00
EEG 5% *
Sleep EEG 5% *
Chest X-ray 5% *
Kidney Ultrasound 5% *
CBC 5% *
Cholesterol 5% *
Urinalysis 5% *
Clonidine 5% *
Flovent 5% *
Ventolin 5% *
Diastat 5% * 344.04 344.04
Risperidone 5% *
Prevacid 5% *
Zyrtec 4% 11.76 11.76 11.76 11.76 11.76
Mirilax 4% 94.80 94.80 94.80 94.80 94.80
Gummy Fiber Bears 4% 39.91 39.91 39.91 39.91 39.91
Appendix A: Items of Compensation for B.K. Page 14 of 15
ITEMS OF Compensation Compensation Compensation Compensation Compensation
COMPENSATION G.R. * M Year 39 Year 40 Year 41 Years 42-59 Years 60-Life
2052 2053 2054 2055-2072 2073-Life
PT 4% * 190.00 190.00
OT 4% * 145.00 145.00
ST 4% * 100.00 100.00
Behavioral Therapy 4% *
Hippo Therapy 4%
Nutritionist 4% 21.00 21.00 21.00 21.00 21.00
Home Monitoring 4%
iPad 4% 79.80 79.80 79.80 79.80 79.80
Rocking Chair 4%
Special Clothing &
Footwear 4%
Swim Jacket 4% 10.20 10.20 10.20 10.20 10.20
Pull Ups 4%
Baby Wipes 4%
10 cc Syringes 4%
Hand Sanitizer 4%
Disposable Gloves 4%
Attendant Care School
Days 4% M
Attendant Care Non
School Days 4% M
Attendant Care Respite 4% M
Aqua Therapy 4%
Residential Care 4% M 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00
Mileage: Pediatrician,
Neuro, YMCA, Hippo
Therapy 4%
Mileage: Urologist 4%
Mileage: Psychiatrist 4%
Mileage: Sleep MD 4%
Mileage: Nutritionist 4%
Appendix A: Items of Compensation for B.K. Page 15 of 15
ITEMS OF Compensation Compensation Compensation Compensation Compensation
COMPENSATION G.R. * M Year 39 Year 40 Year 41 Years 42-59 Years 60-Life
2052 2053 2054 2055-2072 2073-Life
Home Mods 0%
Lost Future Earnings
Pain and Suffering
Past Expenses
Medicaid Lien
Annual Totals 108,694.39 108,822.19 108,972.43 106,921.91 105,443.51
Note: Compensation Year 1 consists of the 12 month period following the date of judgment.
Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment.
As soon as practicable after entry of judgment, respondent shall make the following payment to the court-appointed guardian(s)/
conservators(s) of the estate of B.K. for the benefit of B.K., for lost future earnings ($800,000.00),
pain and suffering ($238,980.47), and Yr 1 life care expenses ($125,166.82): $1,164,147.29.
As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner, Misty Kelm,
for past un-reimbursable expenses: $7,506.60.
As soon as practicable after entry of judgment, respondent shall make the following payment jointly to
petitioner and the State of Arkansas, as reimbursement of the state's Medicaid lien: $165,066.70.
Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.
Annual amounts shall increase at the rates indicated in column "G.R." above, compounded annually from the date of judgment.
Items denoted with an asterisk (*) covered by health insurance and/or Medicare.
In the discretion respondent, items denoted with an "M" payable in 12 monthly installments summing to annual amounts given.