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HomeMy WebLinkAbout06-2273 , ., < SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiffs IN RE: BROOKLYN ALBRIGHT, a minor, by JILL YAN ALBRIGHT and DENNIS JACK O'DONNELL, guardians, Petitioners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 (g - d.-,;L 7"'S CJ.I.I -fN-"" CIVIL DIVISION PETITION TO APPROVE COMPROMISE, SETTLEMENT, AND DISTRIBUTION OF PROCEEDS AND NOW, come the Petitioners, BROOKLYN ALBRIGHT, a minor, by JILL YAN ALBRIGHT and DENNIS JACK O'DONNELL, her parents and natural guardians, by and through their attorneys, Shollenberger and Januzzi, LLP, and do respectfully represent the following: 1. Petitioner, Brooklyn Albright, is a minor, having been born on April 5, 2000 and currently resides with her mother, Jillyan Albright, 6 Hilltop Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Petitioner, Jillyan Albright, is the mother and natural guardian of Brooklyn Albright and is an adult individual currently residing at the aforementioned address. 3. Petitioner, Dennis JACK O'DONNELL is the father and natural guardian of Brooklyn Albright and is an adult individual currently residing at 95 Hershey Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 4. Respondent is the United States of America. 5. Petitioner, Brooklyn Albright was born on April 5. 2000. During the birth a shoulder dystocia was encountered. Delivery was effected with a vacuum extractor and by use of the McRobert's Maneuver, the application of suprapubic pressure, and delivery of the posterior shoulder. 6. Petitioner, Brooklyn Albright's birth occurred at Chambersburg Hospital and the delivery was performed by Dr. Kathleen Ann Garde, an employee of Keystone Rural Health Center. Valerie Fuller Fulton and Kristine Lively Helman are registered nurses who assisted in the delivery. 7. Petitioners aver that the delivery deviated from the appropriate obstetrical standard of care and that the nurses were improperly trained by Chambersburg Hospital and failed to properly handle the shoulder dystocia. 8. The Petitioner, Brooklyn Albright, alleged that she suffered injuries including, but not limited to profound right brachial plexus injury with multiple nerve root avulsions from the cervical spine. 9. As a result of the above and the injuries sustained therein, Petitioner, Brooklyn Albright, incurred medical bills totaling $5,145.10. Of this amount, all but $94.00 was paid. A copy of a Medical Bills Summary is attached hereto as Exhibit "A". The Commonwealth of Pennsylvania Department of Public Welfare has asserted the right of subrogation and reimbursement with regard to the medical bills. As of December 7,2005, the requested lien amount is $295.24. 10. Petitioner, Brooklyn Albright, last received medical treatment on January 18,2006 from Dr. Scott H. Kozin, MD at Shriners Hospitals for Children, at which time Dr Kozin instructed that Brooklyn should continue with home exercises and should return for an annual visit in one year. 11. Petitioners believe and therefore aver that Brooklyn Albright sustained the injuries stated above as a result of the negligence of Dr. Kathleen Ann Garde, Keystone Rural Health Center, Chambersburg Hospital, Valerie Fuller Fulton, and Kristine Lively Hellman. 12. Suit was originally filed on March 25, 2004 in Franklin County, Pennsylvania, but was removed to the United States District Court for the Middle District of Pennsylvania. 13. The United States of America has assumed the Defense for Keystone Rural Health Center and Dr. Kathleen Ann Garde. 14. With respect to Defendants Chambersburg Hospital, Valerie Fuller Fulton and Kristine Lively Helman, the parties have not reached a settlement and the litigation is ongoing. 15. The United States has offered $125,000.00 in settlement of Brooklyn Albright's claim. In exchange for the aforementioned amount, the United States of America seeks the signing of "AGREEMENT FOR COMPROMISE SETTLEMENT AND RELEASE OF FEDERAL TORT CLAIMS ACT CLAIMS PURSUANT TO 28 U.S.C. S 2677." A copy of the proposed release is attached hereto and incorporated by reference herein as Exhibit "B". 16. Petitioners believe that the above-referenced offer of settlement is fair and reasonable. 17. The Petitioners have retained the services of the law offices of Shollenberger and Januzzi, L.P. to represent them and had agreed to pay a twenty-five (25%) percent contingent fee to said attorneys. Shollenberger and Januzzi, L.P. has associated with Ralph Mazer, Esq. and David Perkins, Esq. in the handling of this claim. A copy of the Contingent Fee Agreement between the Petitioners and their counsel is attached hereto, incorporated by reference herein and marked as Exhibit "C". 18. The Petitioners have further agreed to payout of their share of the recovery any and all costs incurred or advanced on their behalf. The amount of the costs that were incurred and advanced on Petitioner's behalf to date in this matter total $20,974.35. An itemization of all costs is attached hereto, incorporated by reference herein and marked as Exhibit "0". 19. Petitioners request that the Court approve the compromise settlement set forth above and order that the proceeds be distributed as follows: Attorneys Fees (25%) Costs Reimbursement to Shollenberger and Januzzi, LLP Department of Public Welfare Lien $31,250.00 $ 20,974.35 $ 295.24 Balance to Brooklyn Albright $ 72,480.41 20. Petitioner, Brooklyn Albright, by Jillyan Albright and Dennis 0' Donnell her parents and natural guardians, requests that the funds to be distributed for the benefit of Brooklyn Albright be deposited in one or more savings accounts in the name of Brooklyn Albright in banks, building and loan associations or savings and loan associations, deposits in which are insured by a federal governmental agency, provided that the amount deposited in anyone savings institution should not exceed the amount to which accounts are thus insured. 21. Petitioner, Brooklyn Albright, by Jillyan Albright and Dennis 0' Donnell her parents and natural guardians, requests that upon approval of the proposed compromised settlement and receipt of the proceeds thereof, they be authorized to execute the Release attached to this Petition. WHEREFORE, the Petitioners Brooklyn Albright, Jillyan Albright and Dennis 0' Donnell her parents and natural guardians, request this Honorable Court approve the Compromise Settlement and Distribution of the Proceeds or in the alternative to schedule a hearing on this Petition. Respectfully submitted, SHOLLENBERGER AND JANUZZI, LLP SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff IN RE: BROOKLYN ALBRIGHT, a minor, by JILL YAN ALBRIGHT and DENNIS JACK O'DONNELL, guardians, Petitioners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL DIVISION CERTIFICATE OF SERVICE And now, this .a.tday of April, 2006, I hereby certify that a true and correct copy of the foregoing Petition to Approve Compromise, Settlement, and Distribution of Proceeds has been served upon the following via U.S. Mail; Kevin Osborne, Esquire Hartman, Osborne & Rettig 126-128 Walnut Street Harrisburg, PA 17101 G. Michael Thiel, Esquire Assistant U. S. Attorney William J. Nealon Federal Building Suite 311 P. O. Box 309 Scranton, PA 18501 SHOLLEN ERGER & JANUZZI, LLP >- 0:: 1-< :;c:!: e>:!: o::::l", lXlUle -,We <UlN Zz.,; W~ >-a.., -'Xc: ~W:> 0-,"" 0< O::u lXl- o W :!: C :> o E <( U ro C o o ~ '" " '> o u: '" " iE 0", ro Vl c :J ~ '" - ,S OJ C '" " " c c ro ro wro '5m o - o "50) 0-" " " 0 'm C- o. i5' <( (f) ~ ~:J ~ "ro.c .- c == ro _ ro 0."'", <(I o ",0 >>- 0 l[) .octlcv "ro'" :2U1i) ro Q).- n...~~ <( 000 o 0 0 o 0 ci '" '" '" o 0 o 0 c:i 0 '" '" o '" 00 - N '" o o c:i - ..,. 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FEDERAL TORT CLAIMS ACT CLAIMS PURSUANT TO 28 U.s.C, ~ 2677 It is hereby agreed by and between the Plaintiffs, JILL VAN ALBRIGHT, DENNIS O'DONNELL and BROOKLYN D, ALBRIGHT, a minor, and the Defendant, UNITED STATES OF AMERICA, by and through their respective attorneys, as follows: 1, The parties do hereby agree to settle and compromise each and every claim of any kind, whether known or unknown, arising directly or indirectly from the treatment and care provided to Jillyan and Brooklyn Albright at the Keystone Rural Health Center and/or the Chambers burg Hospital, which treatment and care began on or about August 17, 1999, and continued on and through the labor and delivery of Brooklyn Albright, a minor, which is alleged to have resulted injuries to Jillyan and Brooklyn Albright. 2, The United States of America agrees to pay the sum of ONE HUNDRED AND TWENTY-FrVE THOUSAND DOLLARS ($ 125,000,00), which sum shall be in full settlement and satisfaction of any and all claims, demands, rights, and causes of action of whatsoever kind and nature, arising from, and by reason of any and all known and unknown, foreseen and unforeseen bodily and personal injuries, damage to property and the consequences thereot~ resulting, and to result, from the subject matter of this settlement, including any claims for wrongful death, for which PlaintJ1Ts or their guardians, heirs, executors, administrators, or assigns, and each of them, now have or may hereafter acquire against the United States of America, its agents, servants, and employees, 3, Plaintiffs and their guardians, heirs, exeeutors, administrators, and assigns agree to and do accept this settlement in full settlement and satisfaction and release of any and all elaims, demands, rights, and causes of action of any kind, whether known or unknown, including without limitation any claims for fees, costs, expenses, survival or wrongful death, arising ti-om any and all known or unknown, foreseen or unforeseen bodily injuries, personal injuries, death, or damage to property, which they may have or hereafter acquire against the United States of America, its agents, servants, or employees on account of the subject matter of this claim, or that relate or pcrtain to or arisc from, directly or indirectly, the subject matter of this claim. Plaintiff and their guardians, heirs, executors, administrators, and assigns further agree to reimburse, indemnify, and hold harmless the United States of America, its agents, servants, and employees from and against any and all claims, demands, right:;:, and causes of action of any kind, whether known or unknown, including without limitation claims for subrogation, indemnity, eontribution, or lien of any kind, or for fees, costs, expenses, survival or wrongful death that relate or pertain to or arise from, directly or indirectly, any act or omission that relates to the subject matter of this claim, 4, This agreement for compromise settlement is not, is in no way intended to be, and should not be construed as, an admission of liability or fault on the part of the United States, its agents, servants, or employees, and it is speci fieally denied that they are liable to the plaintiffs, This settlement is entered into by all parties for the purpose of compromising disputed claims under the Federal Tort Claims Act. 5, It is also agreed, by and among the parties, that the respective parties will each bcar their own costs, fees, and cxpenses and that any attorney's fees owed by the Plaintiff~s will be paid out of the settlement amount and not in addition thereto, 6, It is also understood by and among the parties that pursuant to Title 28, United States Code, Section 2678, attorney's fees for services rendered in connection with this matter shall not excced 25 per centum of the amount of the compromise settlement. 7, The persons signing this Settlement Agreement warrant and represent that they possess full authority to bind the persons on whose behalf they arc signing to the terms of the settlement. In the event any Plaintiff is a minor or legally incompetent adult, the PlaintitTs must obtain State Court approval of the settlement at their expense, Plaintiffs agree to obtain such approval in a timely manner: time being of the esscnce, Plaintiffs further agree that the United States may void this settlement at its option in the event such approval is not obtained in a timely manner. In the event Plaintiff fails to obtain such State Court approval, the entire Stipulation For Compromise Settlement And Release and the compromise settlement are null and void, 8, The parties agree that this Agreement for Compromise Settlement and Release, including all the terms and conditions ofthis compromise settlement and any additional agreements relating thereto, may be made public in their entirety, and the Plainti iT expressly consents to such release and dIsclosure pursuant to 5 U ,S,c:. ~ 552a(b ), 9, It is contemplated that this agreement may be cxecuted in scvcral counterparts, with a separate signature pagc for each party, All such counterparts and signature pages, together, shall be deemed to be one document. 10. Plaintiffs reservc thc right to makc claim against any and every other person or cntity, and reserve also the right to makc claim that they, and not the United States of America are solely or Jointly liable to thc Plainti iTs for their injuries, losses and damages, II, In the event that other tortfeasors are found to be responsible to Plaintiffs for damages as a result of bodily injury sustained by them as a result of this incident, the execution of this Release shall operate as a satisfaction of that claim against such other tortfeasors to the cxtent of the relative pro rata share of common liability of the Unitcd States of America as herein releascd, . 12, If it should appear or be adjudicated in any suit, action or proceeding that the United States of America and others Jointly caused injuries, losses and damages set forth in the claim currently pending, thcn in order to save the United States of America harmless as further consideration for the aforesaid payment, Plaintiffs will satisfy any decree,Judgment or award in whieh thcre is such a finding or adjudication involving the United States of America on its behalf to the extent of its pro rata share of I iabi I ity for contribution and/or indemnity, 13, This release is expressly intended and shall be construed to release and protect the United States of America li'om all claims of contribution and all claims of indemnity or otherwise, Plainti ITs will furthn indemnify and save forever harmlcss the United States of Amcrica against loss or damage because or any and all further claims, demands or actions made by others on account of or in any manner resulting ii'Oll1 said injuries, losses or damages, 14, It is thc intention ofthc parties that this Pro-Rata Joint Tortfeasor Release be construed, interpreted and in compliance with the 191\7 Pennsylvania Supreme Court case of Charles v, Giantl,'agle Markets v. Stanley ivlagic Door, Inc" 513 Pa, 474,522 i\.2d I (I 987), No matter how this Relcase is titled or worded, the intention of'bolh partics is that it shall be construcd as to have exactly the same legal clTect as the release mentioncd on page five of the Ciant Eaglc decision and given the same legal effect on all parties, including preclusion of the non-settling parties to rights against the Unitcd States or America for contribution and/or indcmnity under a verdict orjudgment or otherwise, Wc further state that we have carefully rcad the foregoing Relcase and know the contents thereo( and sign thc same of our own li'ce act. Executed this 2'L,Joday of MA-f(,G/r ,20oe., c.-/U~/ , G, Michael Thiel Attorney for United States of America Executed this day of ,2 Timothy i\, Shollenberger, Esq, Attorncys fOl' Plaintiff Executed this day of ,2 Jillyan Albright, individually and as guardian of Brooklyn Albright Plaintiff Exccuted this day of ,2 Dennis 0' Donnell, individually and as guardian of Brooklyn Albright Plainti ff Power of Attorney and Contingent Fee Agreement We, Jillyan Albright, Jeffrey Albright and Dennis Jack O'Donnell on behalf of Brooklyn Albright, do hereby retain Shollenberger & Januzzi, LLP of Harrisburg, Pennsylvania, as my attorneys to negotiate for me a settlement or to institute for me in my name any legal proceedings or actions that in their judgment are necessary in connection with my claim for damages sustained on the 5th day of April, 2001, against: Kathleen A. Garde, MD" Chambersburg Hospital and Keystone Rural Health Center and any other person, firm, corporation or entity who may be responsible for my claim, and/or to obtain an amicable settlement. I hereby give to my attorneys a Power of Attorney to execute all documents connected with the claim for the prosecution of which the attorney is retained, including pleadings, contracts, commercial papers, settlement, agreements, compromises and releases, verifications, dismissals, orders, settlement checks and all other documents that I could properly execute in connection with this lawsuit. I agree not to settle or adjust the above claim or any proceedings arising from said claim nor to discuss said claim with any other persons, I agree to fully cooperate with my said attorneys in the prosecution of the claim that comprises the subject matter of this Agreement. This includes, but is not limited to, making myself available for legal proceedings and consultations with my said attorneys; keeping my said attorneys informed as to my current mailing address, phone number and the current status of my medical condition, I warrant that the information which I have supplied and will supply during the course of these legal proceedings is true and accurate, and has not been and will not be obtained through fraud or illegal activities, I agree to pay attorneys' fees from the total amount recovered from any source, except first party benefits (i. e,. work loss and medical benefits), on account of my bodily injury claim, including my claim for uninsured or underinsured motorist benefits, on the following basis: Settlement of third party tort total claim prior to filing of legal action, 33-1/3% of total sum recovered Settlement of third party tort claim on or after filing of legal action, 40% of total sum recovered SHOLLENBERGER. & JANUlZI, LLP :320 L1NGLESTOWN ROAD. po. BOX 6llS45. HAHRISHURG, PA 17106-0;;'45 [717) 234-3700. FAX 1717) 234-8212 Costs: Costs are to be paid from my (the client's) share of the total amount recovered and include, but are not limited to: photocopies; fax charges; postage; notaries; long distance telephone charges; mileage for attorneys and staff; investigation charges; photographs; court costs; WEST LAW research charges; medical records costs; fee for police report; deposition costs; expert witness fees; stenographer costs; and, video deposition fees, In the event that no recovery is obtained on this claim, the attorneys will make no charges for their time or services, However, any costs or expenses which the attorneys may have advanced on behalf of the claim must be paid by me from my share of the recovery settlement or verdict or if no recovery, settlement or verdict is obtained or the settlement, recovery or verdict is less than the costs and I do not follow my attorney's recommendation to accept an offer of settlement. As one possible settlement option, I authorize the said attorneys to explore the possibility of a structured settlement through the use of deferred periodic payments, I agree that if my claim is settled through such structure, the attorneys' fees may be paid directly to said attorneys from the insurance company, either in one lump sum payment at settlement, or, at the sole option of said attorneys and/or insurance company, deferred into future payments, However, in any event, said attorneys' fees shall be calculated in the percentage as set forth above based upon the cost of the structured settlement or present value thereof in accordance with applicable law, All medicaL bills for which I am legally responsible incurred as a result of my injuries shall be paid from my share of the recovery, unless otherwise paid by insurance, The Contingent Fee Agreement applies to all proceedings up to and including verdict or decision at trial or arbitration, except proceedings which are or may be required to collect first party benefits, If, in the discretion of the attorneys, post-trial proceedings, including appeals, are warranted, they will not be covered by this Contingent Fee Agreement and a new fee agreement will be required by said attorneys, This Contingent Fee Agreement and Power of Attorney shall not apply to any right, claim or cause of action that we may have for collection of first party benefits, (i,e" work loss benefits and medical bills), SHOUENBERGER & ,IANUZZI, UP 1820 UNGLE5TOWN ROAD. PO BOX 6OS45 . HARRISBURG, PA 17106-0545 (7171234-3700. FAX (7171234-8212 . .. In Witness Whereof, I have hereunto set my hand(s) and seal(s) this 2~ day A~I'I ,2000, ~I) ()<r~lU{\n ~,s:tl tw 1'\Yl\ (Seal) Seal)(yv); ~ I) A' (Seal) / d/ / //:.:.>!~ /' eal)(.rJ '. ,~,;;//, >i /::x::;~:?;, (Seal) And Now, this 23rd day of AIJR,'L ,'2000, the above Contingent Fee Agreement and Power of Attorney has been read, approved, and understood by me and the receiR cop thereof acknowledged, The terms set forth are agreeable, t' '\ v\; 't J' , (Seal) , 1. (Seal) ,/ ,'/;/ .".- ",/";' /'0/ / ..-<" /:::;/~ ~7' /</.j '" .,'~ < <:,</ (Seal) /'~7'-,./~ " /,' ," ,/'> ',/"'" SllOllENBERGER & JANlJZZI. UP 1820 L1NGtESTOWN ROAD. 1'0_ BOX 60545 . HARRISBURG, PA ] 7l06-11Y15 (717) 234-3700. fAX 17171 234-8212 ".or l-l/20CE Date Received From/Paid To Entry~ Explanation 1066 Albright, c/o Jillyan Albright, Brooklyn 011289 Medical Malpractice - referred by David Perki May 9/2001 Chart One Inc 3426 44076 Medical Records - inv#106101107537, Chambersburg Hasp Milton S Hershey Medical Center Medical Records Brooklyn Albright Expense Recovery Facsimilies - May Expense Recovery Postage - May Expense Recovery Photocopies - May Keystone Health Center Medical Records - Brooklyn Albright FYI Heal thserve Medical Records - l-8Q-32157 HMC Expense Recovery Postage - June Expense Recovery Photocopies - June ChartONE,Inc Medical Records - inv# l061C1108181 Chambersburg Hasp Shriners Hospitals for Children Medical Records - 8 Albright Expense Recovery Lexis, West law - July Expense Recovery Postage - Nov l\.TLA LR May 15/2001 44208 31/2001 44760 31/2001 44868 31/2001 44936 4/2001 44555 11/2001 44693 30/2001 45454 30/2001 45650 9/2001 45352 May May May Jur. Jun Jun Jun Jd Jul 11/2001 45452 16/2001 46454 31/2001 48922 13/2001 48811 Aug Oct Nov Feb 28/2002 52131 28/2002 52224 6/2002 54471 Feb Jun Jul 31/2002 57065 31/2002 57076 2/20C3 59741 Aug Jan Jan 9/2003 60287 Feb 25/2003 62374 28/2003 62741 28/2003 62882 31/2003 63736 31/2003 63784 31/2003 64280 1/2003 63654 Feb Fab Mar Mar Mar Apt Apr 30/2003 64737 30/2003 65081 30/2003 65320 21/2003 65804 27 /2003 65885 27/2003 65887 Apr Apr May May May iigation resources - Herides v. Phys. Ins Co #3727 Expense Recovery Postage - Feb Expense Recovery Photocopies - Feb Suneet P Chauhan, MD Outside Professional - re: Brooklyn Albright ~xpense Recovery Lexis, Westlaw - July Expense Recovery Lexis, Westlaw Shanna Dishong Outside Professional records re: B Albright Sandy Spade Mileage/Parking - 1/8 Chambersburg Hosp Pa Instant Case Service inv# 013127, Pics acct# 50419 Expense Recovery Postage - Feb Expense Recovery Photocopies - Feb Expense Recovery Facsimilies - March Expense Recovery Postage - March Expense Recovery Telephone - March ChartONE, Ine Medical Records inv# :06101-1-117478 Chambersburg Hosp Expense Recovery Postage - April Expense Recove~y Photocopies - April Expense Recovery Telephone - April Expense Recovery Lexis, West law April Franklin County Prothonotary Filing Fees - Prothonotary B Albright Franklin County Sher:ff Sheriff Fees B Albright - August review of S~ollen~erger & Januzz:, ~~? Client ~ecger ALL DATES Cte# RcpU Rcpts Genera:" Disbs 7],51 3456 83,00 00373 1. 50 00375 1. 36 00377 1.95 3515 40,00 3541 30,79 00387 0.34 00391 1.50 3619 ::"41. 61 3634 77 ,14 00412 25,00 00465 9,29 4081 95,00 00518 0,34 00520 0,15 4866 700,00 00591 7,25 00592 11,85 5643 300,00 5687 38,69 5856 25,94 00651 0,74 00652 0,45 00662 2,00 00663 0,74 00667 1. 00 6018 92.77 00669 16,75 00671 70,95 00672 1.50 00674 3,75 6231 80,50 6232 150,00 Page -=- BId Trust Fees Inv# Ace Rcpts Disbs Balance Resp Lawyer: TAS Ap~ 1112006 S~8llen8erger ~ 2anuzz:, ~1? Page 2 Clie:".t Lecger AL~ Df\.~ES Date Received From/Paid To Che# General 31d Trust Entry# Explanation l\Cpt# ~ts__ Disbs Fees I:w# Ace Rcpts Disbs Bala:;ce May 31/2003 Expense Recovery 00676 3,50 66026 Facsimilies - May May 3:/2003 Expense Recovery OJ677 9,81 66064 Postage - May May 31/2003 Expense Recovery 00678 31. 20 66231 Photocopies - May Jun 30/2G83 Expense Recovery 00681 0.74 67259 Postage ~ June Jul 31/2003 Expense Recovery 00694 20,03 68110 Postage - July Aug 7/2003 Franklin County Sheriff 00735 71. 55 68332 RET - Refund - Sheriff fees - ck# 10395, 8/4, refund for Jillian Albright Aug 31/2003 Expense Recovery 00704 4,79 69389 Postage - Aug Sep 11/2003 Dr Gary Magram 6643 500.00 69760 Outside Professional re: Broklyn Albright Sep 30/2003 Expense Recovery 00711 10,50 70442 Facsimilies - Sept Sep 30/2003 Expense Recovery 00713 4,99 70522 Postage - Sept Sep 30/2003 Expense Recovery 00715 93,15 70750 Photocopies - Sept Oct 2/2003 American Quick Print 6752 95,40 70371 inv # 6871, re: B Albright Oct 23/2003 Expense Recovery 00723 414,00 71388 Lexis, Westlaw - Sept Oct 28/2003 Jnishippers 6881 21. 85 71496 cust# BK0417, inv# 00058884 Oct 31/2003 Expense Recovery 00728 2,00 71862 Facsimilies - Oct Jan 21/2004 Shanna E Dishong 7234 125,00 74695 Outside Professional - re: Brooklyn Albright Jan 31/2004 Expense Recovery 00753 1.50 75088 Facsimilies - Jan Jan 31/2004 Expense Recovery 00754 1.85 75152 Postage ~ Jan Jan 31/2004 Expense Recovery 00756 0,60 75348 Photocopies - Jan Feb 25/2004 Dept of State 5898M 39,00 76178 records re: Broklyn Albright Feb 28/2004 Expense Recovery 00762 3,70 76357 Postage - Feb Feb 29/2004 Expense Recovery 00767 23,00 76541 Lexis, Westlaw - Jan Mar 22/2004 Shanna Dishong 7504 100,00 77281 Outside Professional - re: B Albright Mar 24/2004 Franklin County Prothonotary 7511 80,50 77317 Filing Fees - Prothonotary B Albright Mar 24/2004 Franklin County Sheriff 7512 150,00 77319 Sheriff Fees - B Albright Mar 24/2004 Expense Recovery 00773 287,00 77336 Lexis, Westlaw - Feb Mar 26/2004 Expense Recovery 00774 2,00 77398 Notary Mar 31/2004 Expense Recovery 00775 9,50 77720 Facsimilies - March Mar 31/2004 Expense Recovery 00776 2,31 77766 Postage - March Mar 31/2004 Expense Recovery 00779 1. 65 78038 Photocopies - March Apr 5/2004 Franklin County Sheriff 00900 79,10 77617 RET - Refund - Sheriff fees - ck# 11767, 3/31, credit for B Albright 1011289 Apr 27 /2084 Expense Recovery 00787 235,00 78456 West~aw - March Apr 30/2004 Expense Recovery 00790 13,61 78891 Postage - April Apr 30/2004 Expense Recovery 00797 100,00 80123 Lexis, Westlaw - April May 17/2004 Shrager Spivey & Sachs 7724 51.24 78818 trial transcripts - re: B Albright May 31/2004 Expense Recovery 00795 3,69 79847 Postage - May Apr ~~/2::;6 Sto~~enberger & :an~==~, ~~? Page 3 Clied ~ec.ger .r\.L~ DA'I'ES "Date Received From/Paid To C:JeiI' Ge:1eral BId Trust En':ry# Explanation Rcptir: ?.cpts Jisbs Fees I:w# Ace Rcpts Disbs Ba:'ance May 31/2004 Expense Recovery 00796 9,00 80002 Photocopies - May Jd 31/2004 Expense Recovery 00812 0.74 81518 Postage - July Jul 31/2004 Expense Recovery 00815 0,60 81700 Photocopies - July Aug 10/2004 Cu~berland Valley Medical Services 7984 23.22 81397 Medical Records - Brooklyn Albright Aug 12/2004 Expense Recovery 00814 237,00 81686 Lexis, Westlaw - July A"Jg 16/2004 Joseph Marino, DO 8012 1300,00 8:854 Outside Professiona: - re: Brooklyn Albright Aug 18/2004 Richard P Bonfiglio, MD 8034 3000,00 82069 Outside Professional - re: Brooklyn Albright Aug 3:120:)4 Expense Recovery 008:9 ],33 82351 Postage - Aug Aug 31/2004 Expense Recovery 00821 103,05 82667 Photocopies - Aug Aug 3'j20D4 Expense Recovery 00824 1. 00 83012 Telephone - Aug Sep 9/2004 James D Rogers, PhD 8119 1000,00 82647 Outside Professional - retainer re: B Albright Sep 2:/2004 David Griffin, MO 8:59 500,00 82972 Outside Professional retainer re: Brooklyn Albright Sep 22/2004 James A Greenberg, MD 8167 1000,00 83082 Outside Professional - re: Brooklyn Albright Sep 28/2004 Unishippers 8193 23,58 83209 ir.v# 1000529437, cust# UM4 7152. Sep 30/2004 Expense Recovery 00835 5,50 84691 Facsimilies - Sept Sep 30/2004 Expense Recovery 00849 5,00 85919 Lexis, Westlaw Sept Oct 11/2004 Unishippers 8264 17 ,08 83532 invl 1000576214, cust# UM471523 Oct 18/2004 Geoffrey Schnider, MD 8302 350,00 83673 Outside Professional - re: Brooklyn Albright Oct 18/2004 Shanna Dishong 8313 200,00 83724 Outside Professional - report re: B Albright Oct 27/2004 Shriners Hospitals for Children 8354 32,10 83918 Medical Records Brooklyn Albright Oct 27/2004 Robert L Irvin 8363 315,00 83953 Court Reporter Fees & Transcripts inv# 1694, re: B Albright Oct 30/2004 Expense Recovery 00849 300,00 85936 Lexis, WesLaw Sept Oct 31/2004 Expense Recovery 00833 21.28 84293 Postage - Sept/Oct Oct 31/2004 Expense Recovery 00834 241. 65 84504 Photocopies - Sept/Oct Nov 9/2004 HaroIs V Kulman Associates 8044 1500,00 84180 Outside Professional - re: Brooklyn Albright Nov 17/2004 James D Rogers, Pr.D 8067 2400,00 84690 Outside Pro:essiocal report re: Brooklyn Albright Nov 17/2004 Unishippers 8069 50,60 84751 inv# 1000651392, cust# UM471523 Nov 22/2004 Hughes Albr:ght Foltz & Natale Report 8078 264,20 84879 Court Reporter Fees & Transcripts inv# 23-2345714, 10/21 depo Nov 30/2004 Expense Recovery 00844 6,82 85215 Postage - Nov Nov 30/2004 Expense Recovery 00845 144,00 85476 Photocopies - Nov Nov 30/2004 Expense Recovery 00846 1.50 85615 Telephone - Nov Nov 30/2004 Expense Recovery C0850 8,00 86163 Lexis, West::'aw - Nov Dee 9/2004 Unishippers 8140 32,96 85390 cust# UM471523, inv# 1000726444 Ape ',:/2006 Shc::e~be~ger & J2~~zzi, L~P Cient Ledger ALL DATES --'-------.--- Received From/Paid Che# Ja.te To General Entry# Explanation Rcpt# Rcpts Disbs Jee 21/2004 Geoffrey Schnider, MD 8190 575,00 85897 Outside Professional re: Brooklyn Albright Dee 31/2004 Expense Recovery 00851 15,50 86251 Facsimilies - Dee Jec 31/2004 Expense Recovery J0852 7,49 86427 Postage - Dee Dee 31/2004 Expense Recovery 00853 5,85 86688 Photocopies - Dee Dee 31/2004 Expense Recovery 00856 2,50 86945 Telephone - Dec Dee 31/2004 Expense Recovery 00857 60,00 87084 Lexis, Westlaw - Dee Jan 11/2005 The UPS Store 5720 10,65 86375 Dee shipping Jan 31/2005 Expense Recovery 00861 6,36 88022 Postage - Jan Jan 3l/2COS Expense Recovery 00862 6,45 88156 Photocopies - Jan Jan 31/2005 Expense Recovery 00872 7,00 89135 Lexis, Westlaw - Jan Feb 28/2005 Expense Recovery 00869 9,00 88755 Postage - Feb Feb 28/2005 Expense Recovery 00871 8,40 88955 Photocopies - Feb Feb 28/2005 Expense Recovery 00875 1. 50 89701 Telephone - Feb Mar 23/2005 Richard Paul Bonfiglio, MD 8567 1050,00 89547 Outside Professional - re: Brooklyn Albright Mar 31/2005 Expense Recovery 00877 0,37 89902 Postage - March Apr 30/2005 Expense Recovery 00881 15,00 90831 Facsimilies - April Apr 30/2005 Expense Recovery 00885 0,30 91272 Photocopies - April May 31/2005 00890 1. 06 91764 Postage - May May 31/2005 Expense Recovery 00893 5,85 919J9 Photocopies - May Jun 30/2005 Expense Recovery 00899 2,00 92697 Facsimilies - June Jun 30/2005 Expense Recovery 00900 3,60 92732 Postage - June Jun 30/2005 Expense Recovery 00902 1. 80 92957 Photocopies - June Jul 20/2005 Expense Recovery 00905 190,00 93182 Lexis, Westlaw - June Jul 31/2005 Expense Recovery 00907 0,45 93599 Photocopies - July Sep 30/2005 Expense Recovery 00925 4. 69 95330 Postage - Sept Sep 30/2005 Expense Recovery 00926 15,30 95440 Photocopies - Sept Sep 30/2005 Expense Reccvery 00927 :,00 95569 Telephone - Sept Oct 31/2005 Expense Recovery 00932 2,40 96496 Postage - Oct Oct 31/2005 Sxpense Recovery 00933 5,40 96644 Pho~ocop.:.es - Oct Nov 30/2005 Shanna Dishong 9514 50,00 97180 Outside Professional - re: B Albright Dec 6/20C5 Hughes Albright Fo:tz & Natale Report 9537 331. 50 97359 Court Reporter Fees & ~ranscripts inv# 28450, B Albright 11/22 Dec 6/2005 Expense Recovery 00939 1.50 97362 Facsimilies - Nav Dee 12/2005 ~enise Cote-Arsenault 9561 500.08 97592 Outside Professional - medical report letter re: B Albright Dec 14/2005 Expense Recovery 00943 0,30 97878 Photocopies - Nav Oee 29/20C5 Fed Ex 9643 33,80 98349 acc:# 1696-1867-4, inv# 3-257-88449 Dec 31/2005 Expense Recovery 00947 21. 00 98607 Faesimilies - Dee Dec 31/2C05 Expense Recovery 00949 2,22 ?age 4 BId Trust Fees Inv# Acc Rcpts Disbs Balance Ap~ :U200E S~ollenjerge~ & ~anezz:, ~~? C:e:'.t Ledger A::":' DfI.TES Page 5 Jete Received From/Paid To Entrv#__ Explanation 98760 Postage - Dee Dec 31/2005 Expense Recovery 98919 Photocopies - Dec Jec 31/2005 Expense Recovery 99095 Telephone - Dec Jan 9/2006 Unishippers 98511 inv# 1001785294, cust# UM471523 Feb 2/2006 Expense Recovery 99445 Facsimilies - Jan Feb 7/2006 Expense Recovery 99545 Postage - Jan Feb 8/2006 Expense Recovery 99732 Photocopies - Jan Feb 20/2006 Shriners Hospitals for Children 100312 Medical Records - Brooklyn Albright Mar 29/2006 Expense Recovery 101254 Postage - Feb Mar 30/2006 Expense Recovery 101382 Photocopies - Feb Che# Gene::-al 31d Trust Rcpt# Rcpts Disbs Fees Inv# Ace Rcpts Disbs 00951 364,20 ::953 1.0: 9678 30,26 OJ954 23,00 00955 36,86 00956 53,85 9849 31. 83 00963 0.78 00965 0,30 Bala:'.ce UNBILLED BILLED I 1- BALANCES ~I TOTALS CHE + RECOV FEES == TOTA~ DISBS FEES + TAX - RECE:PTS ~ AIR TRUS':' PERIOD 17713,72 3411,28 0,00 21125.00 0,00 0,00 0,00 o.oc 0,00 0,00 END DATE 17713,72 3411,28 0,00 21125.00 0,00 0,00 0,00 0,00 0,00 0,00 General. Retainer 150,65 UNBILLED I BILLED I 1------ BALANCES ------I FIRM TOTALS CHE + RECOV FEES TOTAL DISBS + FEES + TAX RECEIPTS ~ AIR TRUST PERIOD 1771],72 3411,28 0,00 21125,00 0,00 0,00 0,00 0,00 0,00 0,00 END DATE 17713,72 3411,28 0,00 21125,00 8.00 C,OO 0,00 0,00 0,00 0,00 General Retainer 150.65 REPORT SELECTIONS Report: Layout Template: Requested by: Finished: Date Range: Matters: Clients: Major Clients: Responsible Lawyer: Client Intra Lawyer: Assigned Lawyer: Type of Law: Matters Sort By:: New Page for Each Lawyer: New Page for Each Matter: Totals Only: Consolidate Payments: No Activity Date: Select From: Include Corrected Entries: Show Check # on Paid Payables: Ver: Client Ledger All Adam Wolfe Tuesday, April 11, 2006 at 03:58:42 PM ALL DATES 011289 All All All All All All Default No No No No Dee 31/2199 Active, Inactive Matters '0 No 7.22a Firm Totals Only: Entries Shown - Billed Only: Entries Shown - Disburse;":'\ents: Entr:es Shown - Receipts: Entries Shown - Trust: Entries Shown Time or Fees: Working ~awyer: Incl. Matters with Incl. Matters with Show Interest: Trust Account: No No Yes Yes Yes Yes No Retainer Bal: No Neg Unbld Disb: No No All S~ow Client Address: No Show Trus: Summary by AC':OUf.t: No - ~\~ FV :1kf ~ ~ \.j. '() vJ\ '^ "" r...' se " ' ., , ... SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiffs IN RE: BROOKLYN ALBRIGHT, a minor, by JILL YAN ALBRIGHT and DENNIS JACK O'DONNELL, guardians, Petitioners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2273 CIVIL DIVISION AMENDED PETITIO AND NOW, come the Petitioners, BROOKLYN ALBRIGHT, a minor, by JILL Y AN ALBRIGHT and DENNIS JACK O'DONNELL, her parents and natural guardians, by and through their attorneys, Shollenberger and Januzzi, LLP, and do respectfully represent the following: 1. Petitioner, Brooklyn Albright, is a minor, having been born on April 5, 2000 and currently resides with her mother, Jillyan Albright, 6 Hilltop Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Petitioner, Jillyan Albright, is the mother and natural guardian of Brooklyn Albright and is an adult individual currently residing at the aforementioned address. 3. Petitioner, Dennis JACK O'DONNELL is the father and natural guardian of Brooklyn Albright and is an adult individual currently residing at 95 Hershey Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 4. Respondent is the United States of America. 5. Petitioner, Brooklyn Albright was born on April 5, 2000. During the birth a shoulder dystocia was encountered. Delivery was effected with a vacuum extractor and by use of the McRobert's Maneuver, the application of suprapubic pressure, and delivery of the posterior shoulder. 6. Petitioner, Brooklyn Albright's birth occurred at Chambersburg Hospital and the delivery was performed by Dr. Kathleen Ann Garde, an employee of Keystone Rural Health Center. Valerie Fuller Fulton and Kristine Lively Helman are registered nurses who assisted in the delivery. 7. Petitioners aver that the delivery deviated from the appropriate obstetrical standard of care and that the nurses were improperly trained by Chambersburg Hospital and failed to properly handle the shoulder dystocia. 8. The Petitioner, Brooklyn Albright, alleged that she suffered injuries including, but not limited to profound right brachial plexus injury with multiple nerve root avulsions from the cervical spine. 9. As a result of the above and the injuries sustained therein, Petitioner, Brooklyn Albright, incurred medical bills totaling $5,145.10. There are no outstanding medical bills. A copy of a Medical Bills Summary is attached hereto as Exhibit "A". The Commonwealth of Pennsylvania Department of Public Welfare has asserted the right of subrogation and reimbursement with regard to the medical bills. As of December 7,2005, the requested lien amount is $295.24. ..- 10. Petitioner, Brooklyn Albright, last received medical treatment on January 18,2006 from Dr. Scott H. Kozin, MD at Shriners Hospitals for Children, at which time Dr Kozin instructed that Brooklyn should continue with home exercises and should return for an annual visit in one year. 11. Petitioners believe and therefore aver that Brooklyn Albright sustained the injuries stated above as a result of the negligence of Dr. Kathleen Ann Garde, Keystone Rural Health Center, Chambersburg Hospital, Valerie Fuller Fulton, and Kristine Lively Hellman. 12. Suit was originally filed on March 25, 2004 in Franklin County, Pennsylvania, but was removed to the United States District Court for the Middle District of Pennsylvania. 13. The United States of America has assumed the Defense for Keystone Rural Health Center and Dr. Kathleen Ann Garde. 14. With respect to Defendants Chambersburg Hospital, Valerie Fuller Fulton and Kristine Lively Helman, the parties have not reached a settlement and the litigation is ongoing. 15. The United States has offered $125,000.00 in settlement of Brooklyn Albright's claim. In exchange for the aforementioned amount, the United States of America seeks the signing of "AGREEMENT FOR COMPROMISE SETTLEMENT AND RELEASE OF FEDERAL TORT CLAIMS ACT CLAIMS PURSUANT TO 28 U.S.C. 92677." A copy of the proposed release is attached hereto and incorporated by reference herein as Exhibit "B". ... ~, 16. Petitioners believe that the above-referenced offer of settlement is fair and reasonable. 17. The Petitioners have retained the services of the law offices of Shollenberger and Januzzi, L.P. to represent them and had agreed to pay a twenty-five (25%) percent contingent fee to said attorneys. Shollenberger and Januzzi, L.P. has associated with Ralph Mazer, Esq. and David Perkins, Esq. in the handling of this claim. A copy of the Contingent Fee Agreement between the Petitioners and their counsel is attached hereto, incorporated by reference herein and marked as Exhibit "CU. 18. The Petitioners have further agreed to payout of their share of the recovery any and all costs incurred or advanced on their behalf. The amount of the costs that were incurred and advanced on Petitioner's behalf to date in this matter total $20,974.35. Upon request of this Honorable Court the costs have been reduced by $3835.10 and the law firm of Shollenberger & Januzzi will be reimbursed $17,139.25 of the forwarded costs. An itemization of all costs is attached hereto, incorporated by reference herein and marked as Exhibit "D". 19. Petitioners request that the Court approve the compromise settlement set forth above and order that the proceeds be distributed as follows: Attorneys Fees (25%) Costs Reimbursement to Shollenberger and Januzzi, LLP $31,250.00 $ 17,139.25 . . Department of Public Welfare Lien $ 295.24 Balance to Brooklyn Albright $ 76,315.51 20. Petitioner, Brooklyn Albright, by Jillyan Albright and Dennis 0' Donnell her parents and natural guardians, requests that the funds to be distributed for the benefit of Brooklyn Albright be deposited in one or more savings accounts in the name of Brooklyn Albright in banks, building and loan associations or savings and loan associations, deposits in which are insured by a federal governmental agency, provided that the amount deposited in anyone savings institution should not exceed the amount to which accounts are thus insured. 21. Petitioner, Brooklyn Albright, by Jillyan Albright and Dennis 0' Donnell her parents and natural guardians, requests that upon approval of the proposed compromised settlement and receipt of the proceeds thereof, they be authorized to execute the Release attached to this Petition. WHEREFORE, the Petitioners Brooklyn Albright, Jillyan Albright and Dennis 0' Donnell her parents and natural guardians, request this Honorable Court approve the Compromise Settlement and Distribution of the Proceeds or in the alternative to schedule a hearing on this Petition. Respectfully submitted, o C .r;:'" f'-..) = = (:..~ o .." :r m::!J , ,:Jm ~DO q(l) :C''i'i (-...,,:n -';:;:0 om '--l 55 -< ?: -< N N ~.: -0;0:... W N W ~ _.- .... IN RE: Brooklyn Albright, a minor, By Jillyan Albright and Dennis Jack O'Donnell, guardians, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 06-2273 Civil ORDER OF COURT 1\.. AND NOW, this 1.5 day of May, 2006, upon consideration of the within Petition, Plaintiffs' request for approval of a Compromise Settlement in the above captioned matter is approved, Petitioners are permitted to execute the Release attached to this Petition as "Exhibit B", Plaintiffs' contingent fee agreement with counsel is approved and Plaintiffs' counsel shall collect fees, costs and expenses set forth in Plaintiffs' Petition and the exhibits attached thereto from the proceeds of this settlement. The recovery of costs shall be limited to $17,139,25 as indicated in the Plaintiff's Amended Petition, The Plaintiff shall place in escrow $295,24 to pay the outstanding lien asserted by the Commonwealth of Pennsylvania Department of Public Welfare, The balance of the proceeds shall be deposited in the name of Brooklyn Albright in one or more savings accounts in banks, building and loan associations or savings and loan associations, deposits of which are insured by a Federal governmental agency provided that the amount deposited in anyone savings institution shall not exceed the amount to which accounts are thus insured, '1-.. . No withdrawal shall be made from any such account until Brooklyn Albright shall attain her majority, except as authorized by further Order of the Court, Proof of the deposit, along with a signature card for each account, shall be promptly filed of record with the Court, By the Court, ~-L M, L. Ebert, Jr" J, , ~ ~ 6,D D~ t:' " . '. 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