FORM 4 STATE OF SOUTH CAROLINA JUDGMENT IN A CIVIL CASE COUNTY OF RICHLAND IN THE COURT OF COMMON PLEAS CASE NUMBER: 2013CP4002877 Pamela Crawford Medical University Of South Carolina John Mark Crawford South Carolina Dept of Social Services submitted by; Attorney for I:l Plaintiff Defendant or Cl Self-Represepted Litigant DISPOSITION TYPE (CHECK ONE) JURY VERDICT. This action came before the court for a trial by jury. The issues have been tried antl'a'verdi??enderedi .t DECISION BY THE COURT. This action came to trial or hearing before the court. The issues havebeen trifejd1 or heard and a decision rendered. - ACTION DISMISSED (CHECK REASON): Rule 12(b), El Rule 41(a), .(Vol. Nq?auit); El Rule 43(k), (Settled); Other 'i r. ACTION STRICKEN (CHECK REASON): [1 Rule 400), Bankruptcy; _g Binding arbitration, subject to right to restore to con?rm, vacate or modify arbitration award; Othefg El STAYED DUE TO BANKRUPTCY DISPOSITION OF APPEAL TO THE CIRCUIT COURT (CHECK APPLICABLE BOX): Af?rmed; Reversed; Remanded; Other NOTE: ATTORNEYS ARE RESPONSIBLE FOR NOTIFYING LOWER COURT, TRIBUNAL, OR ADMINISTRATIVE AGENCY OF THE CIRCUIT COURT RULING IN THIS APPEAL. IT IS ORDERED AND ADJUDGED: El See attached order (formal order to follow) Statement of Judgment by the Court: ORDER INFORMATION This order ends El does not end the case. Additional Information for the Clerk INFORMATION FOR THE JUDGMENT INDEX Complete this section below when the judgment affects title to real or personal property or if any amount should be enrolled. If there is no judgment information, indicate in one of the boxes below. Judgment in Favor of (List name(s) below) Against (List name(s) below) Judgment Amount To be Enrolled If applicable, describe the property, including tax map information and address, referenced in the order: The judgment information above has been provided by the submitting party. Disputes concerning the amounts contained in this form may be addressed by way of motion pursuant to the SC Rules of Civil Procedure. Amounts to be computed such as interest or additional taxable costs not available at the time the form and ?nal order are submitted to the judge may be provided to the clerk. Note: Title abstractors and researchers should refer to the of?cial court order for judgment details. Circuit Court Judge Judge Code 2061 Date For Clerk of Court Of?ce Use Only This judgment was en ered copy mailed ?rst class or placed in the appropriate attomeyattorneys of record or to parties (when appearing pro se) as follows: Kenneth M. Suggs J. Ben Alexander William H. Davidson II Barbara Wynne Showers Richard G. Hepfer Kenneth Norman Shaw Christina M. Dickinson A. Walker Barnes FOR THE PLAIN FO DEFE (S) Court Reporter Clerk of Court K. Form 4C (10/2011) STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF RICHLAND CA. No.: Pamela and John Mark Crawford, as Parents of MC. Crawford, a minor, ORDER APPROVING 9. 23 Plaintiffs, SETTLEMENT ON :3 OF A MINOR <5 V. 7?3 5' Medical University of South Carolina, 92-0 South Carolina Department of Social $4 at; Services and Greenville Hospital System, Defendants. ?gm This matter is before the Court upon the Petition of M.C., a minor, through Petitioner?s Parent(s) and Guardians Ad Litem Pamela Crawford and John Mark Crawford, for approval of a settlement involving a minor. In support of this Petition, Petitioner would show that: I. This Court ?nds that Plaintiffs Pamela Crawford and John Mark Crawford are the adoptive parents and Guardians Ad Litem of Petitioner M.C., a minor. The Court further ?nds that this action arises out of an alleged medical malpractice claim concerning the care and treatment of MC. in 2005 and 2006, including, but not limited to, the discussion of and consent to all medical treatment provided prior to and including an April 18, 2006 surgery p?I . a ?Ma?a Wyn} "r -, 1 r- 1.: ii.? 4-- f? performed at the Medical University of South Carolina, while M.C. was in the care of the South Carolina Department of Social Services. Thereafter, the Petitioner, through Petitioner?s Parents and Guardians Ad Litem Pamela and John Mark Crawford aforesaid, commenced a claim for negligence in the Court of Common Pleas for Charleston County against Medical University of South Carolina and South Carolina Department of Social Services (hereinafter ?the Defendants?). The Defendants denied all claims of negligence and any liability for the alleged claims but agreed to this compromise of a vigorously disputed claim to avoid the costs of litigation. Other Defendants originally named in the case have settled and been dismissed. Petitioner brings this Petition pursuant to Section 62-5-433 of the 1976 Code of Laws of South Carolina, seeking approval from this Court of the settlement proposed in this Petition. II. Plaintiffs in this case allege that Petitioner M.C. has incurred medical bills, pain and suffering, damages, and permanent impairment. Plaintiffs agree that any medical liens as a result of treatment and care are the responsibility of Plaintiffs and will be paid out of the proceeds of this settlement. Petitioner has sought and obtained an offer of peaceful settlement of this matter, whereby the Petitioner, in consideration of the sum of Two Hundred and Seventy Thousand and 100 Dollars, will execute through Petitioner?s Parents and Guardians Ad Litem a Release of the Defendants and their employees and agents for alleged damages incurred by M.C., including all claims arising under the facts alleged in the complaint. Of this amount, Two Hundred Sixty Nine Thousand Nine Hundred Ninety Nine Dollars and No/ 100 is allocated to the minor?s claim. The remainder, One Dollar and No/ 100 is allocated to Pamela and John Mark Crawford, parents of MC. and plaintiffs in this case, for their individual claims. By way of settlement, the Defendants have agreed to pay $270,000 to BHG Structured Settlements Inc. to purchase an annuity policy that will pay the following sums to Plaintiff: Periodic payments to aka Settlement Trust (?Payee?) made according to the Schedule of Payments as follows: $440,000.00 guaranteed lump sum payable on 08/01/2033 Commutation: Following a/k/a _s death, the remaining and unpaid certain payments listed below as Commutable Payments will be commuted in exchange for a lump sum equal to 95% of the present value of the unpaid Commutable Payments, as calculated by the Annuity Issuer. The present value will be computed using a discount rate equal to the annual effective yield on the date of death of - a/k/a of the highest yielding U.S. treasury strip available as reported in the Wall Street Journal (or an equivalent source of such information), plus 200 basis points (2 percentage points). If the date of death is not a business day, the yield on the next business day will be used. The commutation payment will be determined within 30 days after the Annuity Issuer is noti?ed in writing of the death of a/k/a The commutation payment will be paid to the person, persons, or entity named as the Contingent Payee under the Annuity Contract. 3W The payee designation for a speci?c payment may be irrevocable, and nothing herein shall imply that any Commutable Payment is eligible for transfer to any other person. However, if a/k/a has transferred any amount of a speci?c payment to any other person pursuant to an order of a court under applicable state law, the amount so transferred will not be considered to be a Commutable Payment. The amount so transferred will ?rst be deducted from that portion of the speci?c payment which is not listed below as a Commutable Payment. If the amount transferred cannot be fully satis?ed exclusive of the that portion listed below as a Commutable Payment, any remaining amount necessary to satisfy said transfer shall be deemed to have been removed from the Commutable Payments hereunder. Commutable Payments: $440,000.00 guaranteed lump sum payable on 08/01/2033 Bene?ciary: a/k/a Settlement Trust. This bene?ciary designation may only be changed with a court order. Assignment: The obligation to make the periodic payments described herein may be assigned to BHG Structured Settlements, Inc. and funded by an annuity contract issued by Berkshire Hathaway Life Insurance Company of Nebraska. To fund the periodic payments, Defendants or their Insurers will issue a check in the amount of $270,000.00 payable to BHG Structured Settlements, Inc. IV. The Petitioner requests speci?c approval to execute through Petitioner?s Parents and Guardians Ad Litem all appropriate papers to consummate this settlement, including any releases, stipulations of dismissal, and/or other documents in consummation of this settlement. V. Petitioner has ?lrther requested the approval of the court to pay for legal costs incurred by their attorneys in the amount of $15,000, to be paid from proceeds currently held in escrow from the prior settlement with the Greenville Hospital System, with the remaining $5,000 of those settlement proceeds to be paid to the a/k/a - Settlement Trust. VI. After conducting a hearing on Petitioner?s Petition on July 24, 2017, this Court ?nds: (1) this settlement offer, as well as the proposed distribution of all settlement proceeds, by Petitioner, are reasonable and appropriate under the circumstances; (2) Petitioner and Petitioner?s attorney have complied with Section 15-51-41 et. seq., SC. Code of Laws, 1976, as amended, and (3) that the attorney has appropriately ?led the required attorney?s certi?cation. After having given careful consideration to this Petition, and after having fully considered the argument provided at the settlement hearing in this matter as to the facts and circumstances surrounding the injuries suffered by Petitioner M.C., the Court is satis?ed that the proposal on behalf of the Defendants to settle all claims that may have arisen against it as a result of the Defendants? actions and omissions and the injuries alleged by MC. in this action is fair and 7% reasonable and is in the best interest of MC. VII. WHEREFORE, this Court approves the proposed settlement and authorizes Petitioner M.C., through Petitioner?s Parents and Guardians Ad Litem, to enter and exchange for the consideration outlined in this Petition a Release running to and releasing the Defendants, their employees and agents and their heirs, administrators, executors, personal representatives, predecessors, successors, assignees, employees, agents, af?liates, servants, subsidiaries, of?cers, directors, parents, and stockholders from all claims and demands of whatsoever nature or kind for damages arising out of the injuries suffered by MC. allegedly as a result of the care and treatment provided by the Defendants, and as described in this Order, and further authorizes Petitioner to distribute the proceeds of the earlier settlement with the Greenville Hospital System to pay legal costs, with the balance to be paid to the a/k/a Settlement Trust, as described in this order. AND IT IS SO ORDERED. The, Honorable DeAndrea Gist Benjamin Presiding Judge Columbia, South Carolina 2 ,2017 We Consent: game; if Barbara Showers Hood Law Firm, LLC 172 Meeting Street Charleston, SC 29401 Attorney for Defendant Medical University of South Carolina avidson indemann, RA. 1611 Devnshire Drive, Second Floor (29204) Post Of?ce Box 8568 Columbia, South Carolina 2901-8568 Attorney for Defendant outh Carolina Department of Social Services 7 Kenneth M. Sugg Janet Jenner gg LLC 500 Taylor Street, Suite 301 Columbia, SC 29201 Attorney for Plaintiffs Pamela and John Mark Crawford, as parents and guardians of the minor M.C.