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care, treatment and expenses, and claims for past and
future loss of wages and/or loss of earning capacity,
of any and every nature and kind whatsoever, past,
present or future, arising out of, pertaining to or in
any way connected with or resulting from, directly or
indirectly, the Lawsuit, the Lawsuit’s subject matter
and/or the facts, acts or omissions alleged in the
Lawsuit. Further, the McCanns agree to hold harmless,
indemnify and defend the Released Parties (with their
choice of legal counsel) from and against any and all
rights, claims, demands, causes of action, damages
(including but not limited to general and special
damages), liabilities, penalties, interest, attorneys’
fees, claims for past and future medical care,
treatment and expenses (including but not limited to
any such claim asserted by Medicare, Medicaid, any
government assistance program or any private health or
other insurer), and claims for past and future loss of
wages and/or loss of earning capacity, of any and every
nature and kind whatsoever, past, present or future,
arising out of, pertaining to or in any way connected
with or resulting from, directly or indirectly, the
Lawsuit, the Lawsuit’s subject matter and/or the facts,
acts or omissions alleged in the Lawsuit, and which
already have been or might hereafter be asserted by
anyone against the Released Parties. [Emphasis added.]
The RRC agreement also provides:
3. Payments. In consideration of the receipt,
release and indemnification set forth herein, the PCF
[LPCF] hereby pays the sum of EIGHT HUNDRED THIRTY-NINE
[sic] AND NO/100 DOLLARS ($839,000.00) to the McCanns,
receipt of which the McCanns hereby acknowledge.
The RRC agreement does not allocate the $839,000 payment among
damages, interest, and costs. Petitioners’ counsel and LPCF
signed the RRC agreement.
Petitioners signed a Release and Satisfaction of Judgment on
August 23, 1994, in which they agreed that the judgment as
amended:
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Last modified: May 25, 2011