Special Needs Trust

Tragic Milk-Allergy Case Required Special Needs Planning

In this tragic case, a young child with a severe milk allergy was mistakenly given milk at a day care facility. His severe reaction left him in a persistent vegetative coma and in need of around-the-clock care for as long as he lives. It became clear to us that, while the family was well represented, additional expertise would be needed in special needs planning.

After some initial screening, we recommended an attorney that specialized in this field. The special needs planning attorney proved to be instrumental in making all of the parties aware of benefits available through a variety of state programs, thus enhancing the value of the offers that were made to resolve the matter.

Furthermore, we were able to secure extremely favorable medical underwriting results that also “stretched” the value of every dollar being structured, protecting the family from financial disaster if the child lives longer than expected. Even in a lower-interest rate environment, the family will realize $30 in return for every dollar structured over this child’s normal life expectancy.

So in the final analysis, the child’s life care plan was more than adequately funded, a special needs trust was created, and the family’s attorney felt as though a fair settlement was reached for his clients. Everyone involved in these negotiations displayed a collaborative spirit in a sincere effort to find the best result for the child and the family. The family will now be able to move forward with some renewed hope in the face of a tragic event in their lives.