tiller Bradmich Miller No.5498 P. 17/22 w SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the “Settlement Agreement”) is made and entered into this 84° day of f Jas 2000, by and between SHANARA L. MOBLEY, individually and as parent and next infend of her infant daughter, KAMTYAH TERESIAH TASHA MOBLEY, (hereinafter referred to as “RELEASOR"”) and SHANDS JACKSONVILLE MEDICAL CENTER, INC., fk/a UNIVERSITY MEDICAL CENTER, INC. and METHODIST MEDICAL CENTER, INC., (hereinafter referred to collectively as “SHANDS SACKSONVILLE”) RECITALS’ RELEASOR hasalleged that negligent acts and/or omissions by SHANDS JACKSONVILLE, including the failure to provide security for and protection of infant KAMIY AH TERESIAH TASHA MOBLEY on or about July 10, 1998, resulted in persoaal injury to SHANARA L. MOBLEY and personal injury to and/or death of KAMIYAH TERESIAH TASHA MOBLEY. ‘The parties desire to enter into this Settlement Agreement in onder to provide for full settlement and discharge of all claims which ate, ot might have been recoverable by RELEASOR upoa the terms and conditions set forth below. AGREEMENT: ‘The parties agree as follows: 1. RELEASE AND DISCHARGE: ‘A. In consideration of the payments set forth in Section 2, below, RELEASOR hereby ‘completely releases and forever discharges SHANDS JACKSONVILLE and its employees and agents ‘and the FLORIDA BOARD OF REGENTS OF THE STATE OF FLORIDA and its employees and agents, (hereinafter referred to collectively as“RELEASEES”) from any and all past, present or future claims, demands, obligations, actions, causes of action, rights, damages, costs, losses of services, expenses and compensation of any nature whatsoever, whether based on a tort, contract or other theory of recovery, which might now exist, or which may hereafter accrue or otherwise be acquiced, ‘on account of, or may in any Way grow out of, or which aze the subject of the alleged negligent acts or omissions, including, without limitation, any and all known or unknown claims for injury to SHANARA L. MOBLEY and injury to or death of KAMIYAH TERESIAH TASHA MOBLEY, ‘which may have resulted from the alleged negligent acts or omissions, B. This release and discharge shall also apply to the past, present and furure officers, directors, stockholders, attomeys, agents, servants, representatives, employees, subsidiaries, affiliates, partners, predecessors and successots in interest of the RELEASEES, and any andall assigns and all other persons, firms or corporations wita whom any ofthe RELEASEES have been, are now, or may hereafter be affliated Page Lof 6Jun 10. 2002 4:08PM Mar Miter Bradvish Miller C. RELEASOR acknowledges and agrees that the release and discharge set forth above is a general release. RELEASOR expressly waives end assumes the risk of any and all-claims for damages which exist as of this date, but of which she neither knows nor suspects to exist, whether ‘through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect the decision to enter into this Settlement Agreement. RELEASOR further agrees that the payment of the sum specified herein is a complete compromise of matters involving disputed issues oflaw and fact. RELEASOR assumes the risk that the facts or law may be other than as she believes. It is understood and agreed to by the parties that this settlement is a compromise of a doubtful and disputed claim, and the payments are not to be construed as an admission of liability on the part of SHANDS JACKSONVILLE by whom liability is expressly denied. 2. PAYMENTS: In consideration of the release set forth above, SHANDS JACKSONVILLE agrees to pay to the individuals named below ("Payees") the sums outlined in this Section 2: A. Payments due at the time of settlement as follows: To SHANARA L. MOBLEY: $1,265,000.00 B. Periodic payments ("Periodic Payments”) according to the following schedule: Payee: SHANARA L. MOBLEY, $3,644.00 payable on the 1” of each month beginning August 1, 2000. These payments are guaranteed for 20 years or for the life of SHANARA L. MOBLEY, whichever is longer. The final guaranteed payment will be July 1,2020. Payee: SHANARA L, MOBLEY, but SHANARA L. MOBLEY directs that if KAMIVAH TERESIAH TASHA MOBLEY is alive on July 10, 2016, end properly identified ‘through DNA, then SHANARA L. MOBLEY shall direct in writing the assignee and ‘annuity issuer to make said payment to KAMIYAH TERESLAH TASHA MOBLEY; otherwise such payment will be made to SHANARA L. MOBLEY, $307,644.00 guaranteed lump sum payable on July 10, 2016, C. All sums set forth herein constitute damages on account of personal injuries or sickness, within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended. 3, PAYEE'S RIGHTS TO PAYMENTS RELEASOR acknowledges that the Periodic Payments cannot be accelerated, deferred, increased or decreased by themselves or any payee; nor shall they or any Payee have the powerto sll, ‘mortgage, encumber, of anticipate the Periodic Payments, or any pert thereof, by assignment o otherwise. Page 2 of 6van 0. 2002 9:07PM Nar Mi llersBradvigh Mil er No-493 ~ w 4, PAYEE'S BENEFICIARY ‘Any payments to be made after the death of any Payee pursuantto the terms ofthis Setlement ‘Agreement shall be made to such person or entity as shall be designated in writing by a Payee to SHANDS JACKSONVILLE or its Assignees. If'n0 person or entity isso designated by a Payee, oz if the person designated is not living at the time of a Payee's death, such payments shall be made to the estate of the Payee, No such designation, nor any revocation thereof, shall be effective unless it is in writing and delivered to SHANDS JACKSONVILLE, or its Assigness. The designation must bbe in a form acceptable to SHANDS JACKSONVILLE or is Assignees before such payments are made, 5. CONSENT TO QUALIFIED ASSIGNMENT 'A, RELBASOR acknowledges and agrees thet SANDS JACKSONVILLE will make a ‘qualified assignment", within the meaning of Section 130(¢) of the Intemnal Revenue Code of 1986, asamended, of their lieblity to make the Periodic Payments set forth in Section 2.2 to New York Life Insurance and Annuity Corporation ("the Assignee"). The Assignee's obligation for payment of the Periodic Payments shall be no greater than that of SHANDS JACKSONVILLE (whether by judgment or agreement) immediately preceding the assignment of the Periodic Payments obligation. B. Any such assignment, ifmade, shall be accepted by RELEASOR withoutrightofrejection and shall completely release and discharge SHANDS JACKSONVILLE from the Periodic Payments obligation assigned to the Assignee. RELEASOR recognizes that, in the event of such en assignment, the Assignee shall be the sole obligor with respect to the Periodie Payments obligation and that ell ther releases with respect to the Periodic Payments obligation that pertain to the liability of ‘SHANDS JACKSONVILLE shall thereupon become final, irrevocable and absolute. RIGHT TO PURCHASE AN ANNUITY SHANDS JACKSONVILLE, either independently or through Assignees, reserves the tight to fund the liability to make the Periodic Payments through the purchase of an annuity policy fom Now York Life Insurance Company (*NYLIC"), SHANDS JACKSONVILLE, orits Assignees, shall be the sole owner of the annuity policy and shall have all rights of ownership. SHANDS JACKSONVILLE, ot its Assignees, may have NYLIC mail payments directly to the Payets. SHANARA L. MOBLEY shall be responsible for maintaining a current mailing address for Payees with NYLIC. 7. DISCHARGE OF OBLIGATION ‘The obligation of SHANDS JACKSONVILLE, or its Assignees, to make each Periodic Payment shall be discharged upon the mailing of a Valid check in the amount of such payment fo the designated address of the Payees named in Section 2 of this Settlement Agreement. LIENS AND CLAIMS: A. RELEASOR agrees to hold RELEASES and their insurance carriers harmless, and indemnify them against, of and from any and al liens, claims, including but not limited to derivative, Page3 of 6Jun TD. 2002 4:08PM TersMi ar BradvishoMi ler Noses P 20/22 w subrogation and contribution claims, costs, expenses, fees, demands, and damages of every Kind, character and nature whatsoever and specifically including those by health care providers, govemmental entities and/or insurers/payors seeking payment or reimbursement for the cost ofhealth care resulting from the incident described above, and for legislative claim bills whether initiated on their behalf or on behalf of others, based in whole or in part on the alleged incident and/or injuries as described above. B. Notwithstanding the obligations of RELEASOR in paragraph A, above, RELEASOR and SHANDS JACKSONVILLE agree that any claim asserted by CRAIG AIKEN as father of KAMIYAH TERESIAH TASHA MOBLEY for personal injury suffered by said CRAIG AIKEN shall be the sole responsibility of SHANDS JACKSONVILLE. 9, DISMISSAL OF PENDING LITIGATION: RELEASOR and SHANDS JACKSONVILLE agree that all litigation currently pending. © regarding the incident and/or injuries described above initiated by any one or both of them shall be dismissed with prejudice and that no new or additional litigation of any manner whatsoever shall be instituted. 10. ATTORNEY'S FEES: Each party hereto shall bear all attomey fees and costs arising from the actions of its own counsel in connection with this and all related matters, 11, REPRESENTATION OF COMPREHENSION OF DOCUMENT: RELEASOR acknowledges and states that she as read this entire Settlement Agreement, that she has had adequate opportunity to have this Settlement Agreement reviewed for legal and tax consequences and explained to her by the ettorney(s) of her choice, and, that she fully understands and voluntarily accepts the terms of this Settlement Agreement. 12, WARRANTY OF CAPACITY TO EXECUTE AGREEMENT: RELEASOR represents and warrants thet no other person or entity has, or has hed, any interest in the claims demands, obligations, or causes of action referred to in this Settlement “Agreement, except as otherwise set forth herein; thet she has the sole right and exclusive authority ‘oaxevute this Settlement Agreement and receive the sums specified init and that she has not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demen¢s, obligations oF causes of action referred to in this Settlement Agreement. 13, CONFIDENTIALITY: RELEASOR agrees that neither she nor her attorneys and/or representatives shall reveal to anyone, othes than as may be mutually agreed to in writing or mandated by law, any ofthe terms of this Settlement Agreement or any of the amounts, numbers or terms and conditions of any sums payable hereunder, ‘The parties further agzee that because the actual damages for breach of this Confidentiality agreement by RELEASOR, and/or her attorneys and/or representatives will be Page 4of 6Jon-10. 2002 2:09°H HerMillar.Sradvish Miller No-5498 P. 21/22 extremely difficult, if not impossible, to ascertain and quantify, any breach of this confidentiality agreement by RELEASOR andlor her attorneys/tepresentatives shall result in RELEASOR paying as liquidated damages to SHANDS JACKSONVILLE an amount equal to 10 percent (10%) of the settlement amount. 14. GOVERNING LAW: This Settlement Agreement shall be construed and interpreted in accordance with the aws of the State of Florida, 15. ADDITIONAL DOCUMENTS: RELEASOR and SHANDS JACKSONVILLE agree to cooperate fully and execute any and all supplementary documents and to tekeall additional actions which may be necessary or appropriate to give full force and effect to the baste terms and intent ofthis Settlement Agreement. 16. ENTIRE AGREEMENT AND SUCCESSORS IN INTEREST: This Settlement Agreement contains the entire agreement between RELEASOR and SHANDS JACKSONVILLE with regard tothe matters set forth init and shall be binding upon and enue to the benefit of the executors, administrators, personal representatives, heirs, successors and assigns of each. 17. EFFECTIVENESS: This Settlement Agreement shall become effective immediately following execution by each of the partes. fy 0 £ 6 SHANARA L. MOBLEY, indivi and as parent and next friend of her infant daughter, KAMIYAH TERESIAH TASHA MOBLEY ‘STATE OF FLORIDA COUNTY OF DUVAL Before me personally appeared SHANARAL. MOBLEY, individually and as parentand next fisatafer init daughter, KAMIYAH TERESIAH TASHA MOBLEY, to me a “0 meXo be the person described in and who executed the foregoing instrument or who presented as identification, and acknowledged to and before me thet she executed sald instrament for the purposes therein expressed. ‘WITNESS my hand an¢ official seal, this J _day of Tune 2000. tan NOTARY PUBLIC, State of Florida My Commission expires: Page Sof 6 S iewe ee | “nes ornareYun 1. 2002. 9:10PM ar Wiilay BradvishMlller No549@ Teach E. COLEMAN UNIVERSITY OF FLORIDA SELF-INSURANCE PROGRAM, FOR AND ON BEHALF OF SHANDS JACKSONVILLE MEDICAL CENTER, INC, fa UNIVERSITY MEDICAL CENTER, INC. end METHODIST MEDICAL CENTER, INC. STATE OF FLORIDA COUNTY OF DUVAL Before me personally appeared TRACY E, COLEMAN, to me well known and known to me 6 Ate es . 1d who executed the foregoing instrament or who presented ERCURN SASL EPO 0h lees mes ome em WITNESS my hand and official seal, this pg day of, Ju Nn c __, 2000. f GO DARED fal Kary NOTARY PUBLIC, State of Florida My Commission expires: 1 ame | Gs, wooo oasag eae | one ae Page 6 of §