I recently completed such a life care plan this past April. 16 year old received a flu shot, subsequently developed acute transverse myelitis resultant in mid-thoracic paraplegia.
She filed suit against the Secretary of Health and Human Services in Federal Court. The case was referred to the Office of Special Masters for Adjudication. The person's attorney hired me to complete a life care plan. The US government had a life care planner as well.
Several things about the case were interesting or different from the usual LCPs I complete.
Rather than being adversarial, the LCP process was more collaborative with the government's life care planner. The government informed the person's attorney that we could develop a single life care plan in cooperation with the government's life care planner or we could each develop our own plans. The attorney chose the latter.
The government's life care planner flew down from Washington DC to meet with the person. I took part in the meeting. We coordinated one of the doctor conferences while the life care planner was in town.
When I got the case, I immediately scheduled all of the doctor conferences (6 physicians). I completed three before the government contacted us and asked if we would coordinate them with the government's life care planner as well in order to save time. This was not a problem. The government's life care planner was professional and personable. Very easy with which to work.
Another interesting point, some life care planners submit a flat fee for the plan or components of the work is grouped together due to the volume of research and work involved. The government told the person's attorney that I needed to turn in a detailed point by point invoice in order to get reimbursed. Now I do that anyway but it is something to clarify when you get a case like this.
Since the government's life care planner is in Washington DC and we are in Louisiana, there was not much contact between the government's life care planner and the evaluee. So I am thinking that the government has a range in mind concerning the costs of the plan and as long as my plan isn't outrageous and is well supported, I don't see this process being contentious.
Another point, collateral sources. I develop my plans without regard to collateral sources. A legal issue in Louisiana. I won't get into the ACA. However, in this vaccine program, the person's health insurance is factored in. I was told by the government's life care planner that completing the life care plan without using collateral sources was OK as long as I included a statement about this issue in the plan and that we acknowledged that health insurance would be a factor. The person was covered under a parent's health insurance obtained through employment.
Other than that, the research and development of the life care plan proceeded per usual and customary methodology.
I have attached some reference docs that I obtain freely on google.
If you have any other questions, let me know. You can also email me.
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Burt Ashman
Vocational Consultant
burt@outlook.com
Lafayette, LA United States
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