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3. Upon payment of the aforesaid sum in the manner
above-described, Elizabeth and William Grace, parents and natural
guardians of Karly E. Grace, are hereby directed to execute a good
and sufficient Release in favor of state Farm Insurance Companies
and Claudia and William M. Dewane, and to discontinue the action
against Claudia and William M, Dewane as it relates to Karly E.
Grace.
4. Payment on behalf of the Minor shall be placed in an
interest-bearing account, in the name of the Minor, in a bank,
building and loan association, or savings and loan association,
with the provision that no withdrawals can be made from such
account until the Minor attains her majority, except as authorized
by prior Order of this Court as set forth in Pa.R.C.P. 2039(b) (2).
5. Payment of the aforesaid sum constitutes conclusive
evidence of a complete satisfaction of all claims and demands of
whatsoever kind or nature, now or hereafter, arising on behalf of
Karly E. Grace, a Minor, and Elizabeth and William Grace, as
parents and natural guardians of the hereinbefore mentioned Minor,
against Claudia and William M. Dewane and state Farm Insurance
Companies, arising from or as a result of alleged injuries to Karly
E. Grace, a Minor, that occurred on September 9, 1995.
BY THE COURT:
7' /l Ii
J.
2
6. The Minor Plaintiff was seen at the emergency room of the
pOlyclinic Medical Center on the date of the incident, had one
visit with her family physician, Joel E. Rose, M.D., on september
15, 1995 to remove the stitches, and one evaluation by a plastic
surgeon, James A. Yates, M.D., on July 31, 1996.
7. The Minor Plaintiff has made a good recovery but has
sustained a small scar to her right breast area (2.0 x 0.7cm) and
a small scar to her left lateral thigh (1,5 x 0.5cm). These scars
can be improved by surgery and are described in a report from Dr.
Yates dated August 9, 1996, a copy of which has been marked as
Exhibit "A" and is attached hereto.
8. Medical expenses have been incurred by the Minor
Plaintiff in the amount of $458.55, which have been paid by health
insurance and by the Petitioners. The estimated cost of the future
surgeries is $3,350.00. It is anticipated that in the event the
minor plaintiff does receive surgery in the future, the expenses of
same will be paid by health insurance.
9. Defendants, Claudia and William M. Dewane, have liability
coverage with state Farm Insurance companies, who have offered to
settle the case in the amount of Twenty-one Thousand Dollars
($21,000) ,
10. After a thorough consideration of all of the factors,
including consultation with their attorney, Kenneth D. Hoch,
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Pl.ASTIC SURGERY CENTER, LTD ,:,'
The Center For Cosmetic Surgery" '
. Grandview Corporale Place
205 Grandview Avenue
,Camp Hill, Pennsyivania 17011
August 9, 1996
'Friedman & Hoch. P.C.
Kenneth Q, Hoch
305 North Front Street
Suite 402
P.O, Box BB5
Harrisburg, Pa, 17IOB-0885
Re: Karly Elizabeth Grace. a minor
Dear Mr. Hoch:
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We saw in office consultation your client. Karly Elizabeth Grace, on 7/31{96. This
eight year old child was apparently bitten by a known dog on 9/95. The injuries,occurred
on the right chest, left thigh, plus multiple scratches were also noted in various'"
areas. '
She was taken to Po1yc1 inic Medical Center where the injuries were c1eanse'd and she
was treated with sutures where indicated plus being given antibiotics,
She was here with her Mother today to learn if any of the scars could be improved upon.
Her medical history in the past, except for what has been described, is noncontributory.
On examination, we found a scar of the right breast area that was against the normal
tension lines, extending from the medial upper breast, 2,0 x 0.7cm. This scar was
spread and mildly errythematous or reddened. There was also a 1,5 x 0.5cm, scar of
the left lateral thigh that fell more into the normal tension lines of this area. '
It was slightly hypertrophic or raised and it also showed a degree of redness. We " , ,
advised the Mother that a normal period of scar maturation generalJy is between 12 ',''"' ,,:,. :'...,
and 14 months and that we wou1 d have to enterta i n the thought that there will be 1 itt1 e ,', .'",. :
. if any more spontaneous changes or improvement to occur from these scars 'as' time,.progresses" ,
Also any modality of Plastic Surgery that we would use would not in any 'way: remove: ,:,'.:,;:, :,: -<
:,the scar com~lete1y but could improye it only up to betw:en 40 aryd 6Q%. '.:T!te ,bes,t ~J~~. ,:",,!.,;,'.<~
, ,to consider lmprovement however, ,in a prepubertal child lS post, puberty, because, pf, "..,:";.:.:.' ,'"
",:, th,e hO,rm,on~ 1 i nf1ue,nce, on ,~ny ,scar, tissue,,' thi s ,l'!ou1 d b7,ove~,:he,.~~~~,;~.~y~r.;ar~~1i~t~~;;:i;:~~:;:;/,T~'~
. . . . " ...., ..' ." .," 0<' ' ...\~..,' .," ". .', "J.", ;'.',.' , ',,-,-,'
, ' '. The best treatment modal ities for the scar of the 'breast area;' w~uld be: probab1y",~~;;',<.,t~:;;';',~:..':).!
." .
, 'PIBslicSurgery. " .,..:,,: ' ",.. fAX (717p63.4916':,,: ,,'.
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',page 2 ." ..." "',." '. .."","::,:.':.,, ."..:,"";,:'-'.'.'.
--<;'J:W:>;:'.;,..... '.;' .:2;,;.:<;:">: ":";o{",/;':,,':-.-::,';::.~i;-)';):~i;i?):i:;'~;i'"')':;
":':,,: use, the laser'andfor the left thigh scar also either an abrasion technique or the'.." "', :>'-,':":-
~,,;"lase'r"therapy, "",', "'..,',,',..,,, ,':".,,:0., ',,', ':..,:;: ..',.\'.....,"'..':;,',,:':~.. ,:,:~' ,.;'",,::,:
...,.:,.......r.:..:.<j... .:~~ ,~,...,,".': " ',~...~'-:',...:.. .. ./.:. .: ..... ...........\.,..' "~""'''''_ '::'.'>'\'~""'.,~_':..;.
We have, estimat<<;!d the cost at the present' rate and ~hese would have to be configured',:: ",~' ::
, ,to fit an escalation in a 'period of three to four years from now. Using the laser' '. ,,'
~ concept' 'for two scars; the estimated surgical fee 'would be $1350.00, the anesthesia" ,:'.':,:'.....
charge would be $500.00. the out patient facility fee would be $1500,00 or at current,'." ..
rates $3350.00, We woul d hasten to add however. that even after thi s: had been perfonned '"
the patient will be left with a certain degree of sC,arring that will no longer be amenable
to further surgical improvement and must be considered a pennanent cosmetic disfigurement.
Photographs were taken of the involved areas and are available through this office .
if you so wish, If additional findings are required please feel free to contact this
office,
Sincerely yours"
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M.D..~
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Jame.s'...A, Va es,
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