08-004224N Rock Pollock, Sr., And Shawna M. Pollock, On Behalf Of And As Parents And Natural Guardians Of Rock Pollock, Jr., A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, February 20, 2013.

Summary: Parties agreed to reimbursement of past expenses and attorney's fees and costs.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROCK POLLOCK, SR., AND SHAWNA )

M. POLLOCK, on behalf of and as )

parents and natural guardians )

of ROCK POLLOCK, JR ., a minor , )

)

Petitioners , )

)

vs. ) Case No. 08 - 4224N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATI ON ASSOCIATION , )

)

Respondent, )

)

and )

)

LAURA L. DANNER, CNM, GULF )

COAST OBSTETRICS & GYNECOLOGY, )

LTD, f/k/a CORCORAN, EASTERLING )

& DOYLE - VALLERY, LTD., AND )

SARASOTA COUNTY PUBLIC HOSPITAL )

DISTRICT, )

)

Intervenor s . )

)

FINAL ORDER APPROVING STIPULATION FOR PAST

EXPENSES, ATTORNEY'S FEES, AND COSTS

A Stipulation Resolving Claims for Past Expenses,

Attorney's Fees and Costs (Stipulation) was fil ed by

Petitioners, Rock Pollock, Sr. and Shawna M. Pollock, and

Respondent, Florida Birth - Related Neurological Injury

Compensation Association (NICA), on February 19, 2013,

requesting that a final order be entered approving the

Stipulation. The Stipulatio n applies to the claims presented in

Petitioners' Motion to Determine Reimbursement of Past Expenses

filed March 26, 2012; Petitioners' Motion to Determine the

Amount of Reasonable Attorney's Fees and Costs Incurred Related

to Petitioners' Motion for Emerg ency Hearing to Determine if

Feeding Supplies and Foods are Covered for Rock, Jr., under

Florida Statutes 766.301 - 766.316; and claim for attorney's fees

and costs incurred a s a result of their filing the Motion to

Determine Reimbursement of Past Expenses f iled March 26, 2012.

U pon consideration of the Stipulation, it is ORDERED AND

APPROVED:

1. NICA shall reimburse Petitioners $4,500 .00 in

construction costs for modifications related to accessibility to

Petitioners' home.

2. NICA has reimbursed Petitioner s $130.45 for part of a

device that allows Petitioners to attach an I - Pad to Rock, Jr.'s

wheelchair.

3. NICA has reimbursed Petitioners $3,903.00 for a medical

device known as a "Kidwalk" from Southwest Medical and Rehab.

4. NICA shall pay Petitioners $1 0,000.00 as payment in

full for all attorney's fees and costs incurred as a result of

their filing the following: (1) Motion for Emergency Hearing to

Determine if Feeding Supplies and Foods are Covered for Rock,

Jr., under Florida Statutes 766.301 - 766.316 filed June 6, 2012,

and (2) Motion to Determine Reimbursement of Past Expenses filed

March 26, 2012. This payment of attorney's fees and costs is

for all time expended and costs incurred by Petitioners or their

counsel in relation to these motions throug h January 31, 2013.

5. Jurisdiction is retained to resolve any dispute as to

the interpretation of any provision of the parties' Stipulation

and to resolve any disputes should they arise regarding the

parties' compliance with the terms of their Stipulatio n and this

final order.

DONE AND ORDERED this 20th day of February , 2013 , in

Tallahassee, Leon County, Florida.

S

SUSAN BELYEU KIRKLAND

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 20th day of February , 2013 .

COPIES FURNISHED :

(Via Certified Mail)

C arol Ann Kalish, Esquire

Williams, Parker, Harrison,

Dietz and Getzen

200 South Orange Avenue

Sarasota, Florida 34236

(Certified Mail No. 7012 1640 0000 7864 0323)

Robert J. Grace, Esquire

The Bleakley Bavol Law Firm

15170 North Florida Avenue

Tampa, Florida 33613

(Certified Mail No. 7012 1640 0000 7864 0330)

Louis J. La Cava, Esquire

La Cava & Jacobson, P.A.

101 East Kennedy Boulevard, No. 2500

Tampa, Florida 33602

(Certified Mail No. 7012 1640 0000 7864 0347)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7012 1640 0000 7864 0354)

Nicolas Q. Porter, Esquire

de la Parte and Gilbert, P.A.

Suite 2000

101 East Ken nedy Boulevard

Tampa, Florida 33602

(Certified Mail No. 7012 1640 0000 7864 0361)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7012 1640 0000 7864 0378

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7012 1640 0000 7864 0385 )

NOTICE OF RIGHT TO JUDICIAL REVIEW

Review of a final order of an administrative law judge shall be

by appeal to the District Court of Appeal pursuant to section

766.311(1), Florida Statutes. Review proceedings are governed

by the Florida Rules of Appellate Procedure. Such proceedings

are commen ced by filing the original notice of administrative

appeal with the agency clerk of the Division of Administrative

Hearings within 30 days of rendition of the order to be

reviewed, and a copy, accompanied by filing fees prescribed by

law, with the clerk of the appropriate District Court of Appeal.

See § 766.311(1), Fla. Stat., and Fla. Birth - Related

Neurological Injury Comp. Ass'n v. Carreras , 598 So. 2d 299

(Fla. 1st DCA 1992).