VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01021
Package ID: USCOURTS-cofc-1_17-vv-01021
Petitioner: Kevin McKenna
Filed: 2017-07-28
Decided: 2025-12-02
Vaccine: tetanus-diphtheria-acellular pertussis (Tdap)
Vaccination date: 2015-09-15
Condition: left upper extremity cellulitis, necrotizing fasciitis, and amputation following SIRVA
Outcome: compensated
Award amount USD: 1601158.58

AI-assisted case summary:
On July 28, 2017, Kevin McKenna filed a petition alleging that a Tdap vaccine administered in his left deltoid on September 15, 2015 caused a severe left upper-extremity injury. The claim was not a routine shoulder-pain case: the public record described cellulitis, necrotizing fasciitis, and eventual amputation involving the left arm and shoulder.

Special Master Laura D. Millman found entitlement on October 1, 2018. The damages proffer later described compensation for first-year life-care needs, lost earnings, pain and suffering, unreimbursed expenses, and future care through an annuity. The record treated the amputation and its functional consequences as vaccine-injury damages.

On December 2, 2025, Special Master Daniel T. Horner awarded a $1,601,158.58 lump sum plus an amount sufficient to purchase a life-contingent annuity for future life-care expenses. The lump sum included $16,804.86 for first-year life-care expenses, $1,278,545.00 for lost earnings, $250,000.00 for pain and suffering, and $55,808.72 for past unreimbursed expenses.

Theory of causation field:
Tdap vaccine September 15, 2015 causing severe left upper-extremity SIRVA/cellulitis/necrotizing fasciitis with left arm/shoulder amputation; adult exact age not stated. COMPENSATED. Entitlement granted by SM Millman October 1, 2018. Damages awarded by SM Horner December 2, 2025: $1,601,158.58 lump sum = $16,804.86 first-year life care + $1,278,545.00 lost earnings + $250,000.00 pain/suffering + $55,808.72 past unreimbursed expenses, plus annuity for future life care. Petition filed July 28, 2017.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-01021-0
Date issued/filed: 2018-10-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/01/2018) regarding 46 Ruling on Entitlement. Signed by Special Master Laura D. Millman. (et) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01021-UNJ Document 47 Filed 10/26/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1021V
Filed: October 1, 2018
Not to be published
*************************************
KEVIN McKENNA, *
*
Petitioner, *
*
v. * Tdap vaccination; shoulder injury,
* necrotizing fasciitis; arm and shoulder
SECRETARY OF HEALTH * amputation; respondent agrees
AND HUMAN SERVICES, * compensation is appropriate.
*
Respondent. *
*
*************************************
Michael T. Ratton, Royal Oak, MI, for petitioner.
Debra A. Filteau Begley, Washington, DC, for respondent.
MILLMAN, Special Master
RULING ON ENTITLEMENT1
On July 28, 2017, petitioner filed a petition under the National Childhood Vaccine Injury
Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that tetanus-diphtheria-acellular pertussis
(“Tdap”) vaccine administered to his left deltoid on September 15, 2015 caused him achiness,
cellulitis in his left upper extremity, necrotizing fasciitis, and left arm and shoulder amputation.
Pet. at ¶¶ 5, 7, 11, 15, 20, 24.
On October 1, 2018, respondent filed a Rule 4(c) Report stating his “opinion is that this
1 Because this unpublished ruling on entitlement contains a reasoned explanation for the special master’s
action in this case, the special master intends to post this unpublished ruling on entitlement on the United
States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means
the ruling will be available to anyone with access to the Internet. 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 ruling on
entitlement 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.

Case 1:17-vv-01021-UNJ Document 47 Filed 10/26/18 Page 2 of 2
case is appropriate for compensation under the terms of the Vaccine Act.” Resp’t’s Rep. at 1, 5-
6. Respondent recommends further proceedings to determine damages. Id. at 6. Respondent
lists the items of proof from petitioner respondent needs to help determine appropriate
compensation, including whether or not petitioner has received workers compensation. This case
is now in damages.
Considering the gravity of petitioner’s injuries, the undersigned awards $250,000.00 in
pain and suffering which will be part of a forthcoming award of damages when the other items of
damage are determined.
Petitioner shall file a status report by October 31, 2018 on the progress he has made in
providing all the information respondent requests and making a demand on respondent. When
petitioner makes a demand on respondent, petitioner shall file a separate status report on the day
he has made the demand.
IT IS SO ORDERED.
Dated: October 1, 2018 /s/ Laura D. Millman
Laura D. Millman
Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_17-vv-01021-1
Date issued/filed: 2026-01-05
Pages: 12
Docket text: PUBLIC DECISION (Originally filed: 12/2/2025) regarding 153 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (ksb) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01021-UNJ Document 157 Filed 01/05/26 Page 1 of 12
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1021V
Filed: December 2, 2025
KEVIN MCKENNA, Special Master Horner
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Michael Thomas Ratton, Ratton Law Group, PC, Detroit, MI, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On July 28, 2017, Kevin McKenna filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2
(“Vaccine Act”). Petitioner alleges that he suffered a shoulder injury related to vaccine
administration (“SIRVA”) and amputation of his left arm as a result of a tetanus,
diphtheria, and pertussis (“Tdap”) vaccine received on September 16, 2015. (ECF No.
1.)
On October 1, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for achiness, cellulitis in his left upper extremity, necrotizing fasciitis,
and left arm and shoulder amputation. (ECF No. 46.) On November 26, 2025,
respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner
should be awarded all items of compensation set forth in respondent’s life care plan and
illustrated by the chart attached as Appendix A. (ECF No. 152.) In the Proffer,
respondent represented that petitioner agrees with the proffered award. (Id.) Based on
1 Because this document contains a reasoned explanation for the action taken in this case, it must be
made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic
Government Services). This means the document will be available to anyone with access to the
internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact
medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
If, upon review, I agree that the identified material fits within this definition, I will redact such material from
public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.

Case 1:17-vv-01021-UNJ Document 157 Filed 01/05/26 Page 2 of 12
the record as a whole, I find that petitioner is entitled to an award as stated in the
Proffer.
Pursuant to the terms stated in the attached Proffer, I award petitioner:
1) A lump sum payment of $1,601,158.58, representing compensation for life
care expenses expected to be incurred during the first year after judgment
($16,804.86), lost earnings ($1,278,545.00), pain and suffering ($250,000.00),
and past unreimbursable expenses ($55,808.72), in the form of an ACH
deposit to petitioner’s counsel’s IOLTA account for prompt disbursement
to petitioner, Kevin McKenna; and
2) An amount sufficient to purchase the annuity contract described in section
II.B. of the Proffer.
This amount represents compensation for all damages that would be available
under § 15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:17-vv-01021-UNJ Document 157 Filed 01/05/26 Page 3 of 12
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KEVIN MCKENNA, )
)
Petitioner, )
) No. 17-1021V
v. ) Special Master Horner
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 28, 2017, Kevin McKenna (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), as amended, alleging that he suffered a “shoulder injury related to vaccine
administration resulting in the amputation of his left arm” that was caused by a tetanus,
diphtheria, acellular pertussis (“Tdap”) vaccine administered on September 15, 2015. Petition at
1. On October 1, 2018, the Secretary of Health and Human Services (“respondent”) filed his
Rule 4(c) Report conceding that petitioner met the statutory requirements for compensation.
ECF No. 45. On that same day, the Court issued a decision finding that petitioner entitled to
compensation for his injuries following his September 15, 2015 Tdap vaccine. ECF No. 46.
I. Items of Compensation
A. Life Care Items
Respondent engaged life care planner Linda Curtis, RN, MS, CCM, CNLCP, and
petitioner engaged Lynne Trautwein, MSN, RN, CCM, CMAC, CNLCP, Consulting, LLC, to
provide an estimation of petitioner’s future vaccine-injury related needs. For the purposes of this

Case 1:17-vv-01021-UNJ Document 157 Filed 01/05/26 Page 4 of 12
proffer, the term “vaccine related” is as described in the respondent’s Rule 4(c) Report. ECF No.
45 at 6. All items of compensation identified in respondent’s life care plan are supported by the
evidence, and are illustrated by the chart entitled Appendix A: Items of Compensation for Kevin
McKenna, attached hereto as Tab A. Respondent proffers that petitioner should be awarded all
items of compensation set forth in respondent’s life care plan and illustrated by the chart attached
at Tab A.1 Petitioner agrees.
B. Lost Earnings
Petitioner has suffered past loss of earnings and will suffer future loss of earnings as a
result of his vaccine-related injury. Therefore, respondent proffers that petitioner should be
awarded lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A).
Respondent proffers that the appropriate award for Kevin McKenna’s past and future lost
earnings is $1,278,545.00. Petitioner agrees.
C. Pain and Suffering
Respondent proffers that petitioner should be awarded $250,000.00 in actual and
projected pain and suffering. This amount reflects that any 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 his expenditure of past unreimbursable
expenses for his vaccine-related injury. Respondent proffers that petitioner should be awarded
past unreimbursable expenses in the amount of $55,808.72. Petitioner agrees.
1 The chart at Tab A illustrates the annual benefits provided by the 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.
2

Case 1:17-vv-01021-UNJ Document 157 Filed 01/05/26 Page 5 of 12
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner 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 $1,601,158.58, representing compensation for life care
expenses expected to be incurred during the first year after judgment ($16,804.86), lost earnings
($1,278,545.00), pain and suffering ($250,000.00), and past unreimbursable expenses
($55,808.72), in the form of an ACH deposit to petitioner’s counsel’s IOLTA account for prompt
disbursement to petitioner, Kevin McKenna.
B. 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,
2 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses, future lost earnings, and future pain and suffering.
3 In respondent’s discretion, respondent may purchase one or more annuity contracts from one
or more life insurance companies.
The parties further agree that the annuity payments cannot be assigned, accelerated, deferred,
increased, or decreased by the parties and that no part of any annuity payments called for herein,
nor any assets of the United States or the annuity company, are subject to execution or any legal
process for any obligation in any manner. Petitioner and petitioner’s heirs, executors,
administrators, successors, and assigns do hereby agree that they have no power or right to sell,
assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by
assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or
anticipate said annuity payments, or any part thereof, by assignment or otherwise.
3

Case 1:17-vv-01021-UNJ Document 157 Filed 01/05/26 Page 6 of 12
as illustrated by the chart at Tab A, attached hereto, paid to the life insurance company4 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,
Kevin McKenna, only so long as petitioner 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.
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
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

Case 1:17-vv-01021-UNJ Document 157 Filed 01/05/26 Page 7 of 12
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 he, Kevin McKenna, 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 Kevin McKenna’s death.
3. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Summary of Recommended Payments Following Judgment
A. Lump Sum paid to petitioner, Kevin McKenna: $1,601,158.58.
B. An amount sufficient to purchase the annuity contract described
above in section II.B.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON
Assistant Director
Torts Branch, Civil Division
5

Case 1:17-vv-01021-UNJ Document 157 Filed 01/05/26 Page 8 of 12
/s/ Debra A. Filteau Begley
DEBRA A. FILTEAU BEGLEY
Senior 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) 616-4181
Email: debra.begley@usdoj.gov
Dated: November 26, 2025
6

Case 1:17-vv-01021-UNJ Document 157 Filed 01/05/26 Page 9 of 12
Appendix A: Items of Compensation for Kevin McKenna Page 1 of 4
Lump Sum
Compensation Compensation Compensation Compensation Compensation Compensation Compensation
ITEMS OF COMPENSATION G.R. * M Year 1 Year 2 Year 3 Years 4-25 Year 26 Years 27-30 Years 31-32
2025 2026 2027 2028-2049 2050 2051-2054 2055-2056
Medicare Part B Premium 5% M 2,220.00 2,220.00 2,220.00 2,220.00
Medicare Part B Deductible 5% 257.00 257.00 257.00 257.00 257.00 257.00 257.00
Medigap 5% M 3,688.44 3,688.44 3,688.44 3,688.44 3,688.44 3,688.44 3,688.44
Medicare Part D 5% M 1,666.80 1,666.80 1,666.80 1,666.80 1,666.80 1,666.80 1,666.80
Primary Care Physician 5% *
Physiatry 5% *
Prosthetist 5% *
Psychiatry 5% *
Psychologist 5% *
Plastic Surgeon 5% *
Orthopedic Surgeon 5% *
Functional Restoration Program 5% *
Diagnostic Studies 5% *
Chiropractor 4% *
Mileage: Primary Care Physician 4% 21.70 21.70 21.70 21.70 21.70 21.70 21.70
Mileage: Physiatry 4% 56.00 56.00 56.00 56.00 56.00 56.00 56.00
Mileage: Prosthetist 4% 147.00 147.00 147.00 147.00 147.00 147.00 147.00
Mileage: Psychiatry 4% 56.00 28.00 28.00 28.00 28.00 28.00 28.00
Mileage: Psychologist 4% 67.20 22.40 22.40 22.40 22.40 22.40 22.40
Mileage: Chiropractor 4% 134.40 134.40 134.40 134.40 134.40 134.40 134.40
Cymbalta 5% *
Gabapentin 5% *
Celebrex 5% *
Cyclobenzaprine 5% *
Magnesium 4% 70.08 70.08 70.08 70.08 70.08 70.08 70.08
Xanax 5% *
Cerave Moisturizing Lotion 4% 144.00 144.00 144.00 144.00 144.00 144.00 144.00
Biofreeze 4% 198.24 198.24 198.24 198.24 198.24 198.24 198.24
Physical Therapy Evaluation 4% *
Physical Therapy 4% *
Occupational Therapy Evaluation 4% *

Case 1:17-vv-01021-UNJ Document 157 Filed 01/05/26 Page 10 of 12
Appendix A: Items of Compensation for Kevin McKenna Page 2 of 4
Lump Sum
Compensation Compensation Compensation Compensation Compensation Compensation Compensation
ITEMS OF COMPENSATION G.R. * M Year 1 Year 2 Year 3 Years 4-25 Year 26 Years 27-30 Years 31-32
2025 2026 2027 2028-2049 2050 2051-2054 2055-2056
Occupational Therapy 4% *
Shoulder Cap 4% *
Shower Chair 4% 60.00 12.00 12.00 12.00 12.00 12.00 12.00
Activities of Daily Living (ADLs) 4% 500.00 200.00 200.00 200.00 200.00 200.00 200.00
Hand Held Shower 4% 35.00 7.00 7.00 7.00 7.00 7.00 7.00
Portable Grab Bars 4% 23.00 2.30 2.30 2.30 2.30 2.30 2.30
Automatic Soap Dispenser 4% 106.00
One Shoulder Back Pack 4% 60.00 12.00 12.00 12.00 12.00
Gym/Work Out Equipment 4% 500.00 200.00 40.00 40.00 40.00 40.00 40.00
Clothing Allowance 4% 400.00 200.00 66.67 66.67 66.67 66.67 66.67
Batteries 4% 100.00 100.00 100.00 100.00 100.00 100.00 100.00
Home Health Aide 4% M 15,704.00 15,704.00 18,844.80
Laundry Services 4% M 1,664.00 1,664.00 1,664.00 1,664.00 1,664.00 1,664.00 1,664.00
Lawn Care 4% 1,550.00 1,550.00 1,550.00 1,550.00 1,550.00 1,550.00 1,550.00
House Cleaning 4% 2,280.00 2,280.00 2,280.00 2,280.00 2,280.00 2,280.00 2,280.00
Snow Removal 4% 300.00 300.00 300.00 300.00 300.00 300.00 300.00
Home Modifications 4% 4,213.57 421.36 421.36 421.36 421.36
Vehicle Modifications 4% 500.00 50.00 50.00 50.00 50.00 50.00 50.00
Lost Earnings 1,278,545.00
Pain and Suffering 250,000.00
Past Unreimbursable Expenses 55,808.72
Annual Totals 1,601,158.58 15,231.36 19,151.60 15,359.39 28,843.39 28,831.39 31,972.19
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 petitioner for Yr 1
life care expenses ($16,804.86), lost earnings ($1,278,545.00) pain and suffering ($250,000.00), and past
unreimbursable expenses ($55,808.72): $1,601,158.58.
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 above in column G.R., compounded annually from the date of judgment.
Items denoted with an asterisk (*) covered by health insurance and/or Medicare.
Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indicated.

Case 1:17-vv-01021-UNJ Document 157 Filed 01/05/26 Page 11 of 12
Appendix A: Items of Compensation for Kevin McKenna Page 3 of 4
Compensation Compensation
ITEMS OF COMPENSATION G.R. * M Years 33-35 Years 36-Life
2057-2059 2060-Life
Medicare Part B Premium 5% M
Medicare Part B Deductible 5% 257.00 257.00
Medigap 5% M 3,688.44 3,688.44
Medicare Part D 5% M 1,666.80 1,666.80
Primary Care Physician 5% *
Physiatry 5% *
Prosthetist 5% *
Psychiatry 5% *
Psychologist 5% *
Plastic Surgeon 5% *
Orthopedic Surgeon 5% *
Functional Restoration Program 5% *
Diagnostic Studies 5% *
Chiropractor 4% *
Mileage: Primary Care Physician 4% 21.70 21.70
Mileage: Physiatry 4% 56.00 56.00
Mileage: Prosthetist 4% 147.00 147.00
Mileage: Psychiatry 4% 28.00 28.00
Mileage: Psychologist 4% 22.40 22.40
Mileage: Chiropractor 4% 134.40 134.40
Cymbalta 5% *
Gabapentin 5% *
Celebrex 5% *
Cyclobenzaprine 5% *
Magnesium 4% 70.08 70.08
Xanax 5% *
Cerave Moisturizing Lotion 4% 144.00 144.00
Biofreeze 4% 198.24 198.24
Physical Therapy Evaluation 4% *
Physical Therapy 4% *
Occupational Therapy Evaluation 4% *

Case 1:17-vv-01021-UNJ Document 157 Filed 01/05/26 Page 12 of 12
Appendix A: Items of Compensation for Kevin McKenna Page 4 of 4
Compensation Compensation
ITEMS OF COMPENSATION G.R. * M Years 33-35 Years 36-Life
2057-2059 2060-Life
Occupational Therapy 4% *
Shoulder Cap 4% *
Shower Chair 4% 12.00 12.00
Activities of Daily Living (ADLs) 4% 200.00 200.00
Hand Held Shower 4% 7.00 7.00
Portable Grab Bars 4% 2.30 2.30
Automatic Soap Dispenser 4%
One Shoulder Back Pack 4%
Gym/Work Out Equipment 4%
Clothing Allowance 4% 66.67 66.67
Batteries 4% 100.00 100.00
Home Health Aide 4% M 18,844.80 23,556.00
Laundry Services 4% M 1,664.00 1,664.00
Lawn Care 4% 1,550.00 1,550.00
House Cleaning 4% 2,280.00 2,280.00
Snow Removal 4% 300.00 300.00
Home Modifications 4% 421.36 421.36
Vehicle Modifications 4% 50.00 50.00
Lost Earnings
Pain and Suffering
Past Unreimbursable Expenses
Annual Totals 31,932.19 36,643.39
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 petitioner for Yr 1
life care expenses ($16,804.86), lost earnings ($1,278,545.00) pain and suffering ($250,000.00), and past
unreimbursable expenses ($55,808.72): $1,601,158.58.
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 above in column G.R., compounded annually from the date of judgment.
Items denoted with an asterisk (*) covered by health insurance and/or Medicare.
Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indicated.