09-002532N Nikki Smith, As Mother And Natural Guardian Of Nyhkia Lewis, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association
 Status: Closed
DOAH Final Order on Friday, October 8, 2010.


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Summary: Order approving the Association's acceptance of the claim for compensation.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8NIKKI SMITH, as mother and )

14natural guardian of NYHKIA )

19LEWIS, a minor , )

23)

24Petitioner , )

26)

27vs. ) Case No. 09 - 2532N

34)

35FLORIDA BIRTH - RELATED )

40NEUROLOGICAL INJURY )

43COMPENSATION ASSOCIATION , )

46)

47Respondent, )

49)

50and )

52)

53ST. PETERSBURG GEN ERAL )

58HOSPITAL, )

60)

61Intervenor . )

64)

65ORDER APPROVING STIP ULATION AND JOINT PE TITION

73FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH - RELATED

84NEUROLOG ICAL INJURY PURSUANT TO CHAPTER 766, FLOR IDA STATUTES

94This cause came on for consideration pursuant to Sections

103766.304 and 766.305(7), Florida Statutes, upon the Stipulation

111and J oint P etition of the parties, filed October 1, 2010 , for

124the entry of an order approving the resolution of a formal claim

136for compensation benefits heretofore filed in this cause in

145accordance with the provisions of Chapter 766, Florida Statutes,

154and a resolution of the exclusive remedy otherwise available as

164outlined in Chapt er 766, Florida Statutes.

171By the terms of their stipulation, the parties have agreed

181that Nikki Smith is the mother and natural guardian of Nyhkia

192Lewis (Nyhkia), a minor; that Nyhkia was born a live infant on

204or about April 13, 2006, at St. Petersburg Gen eral Hospital, a

"216hospital" as defined by Section 766.302(6), Florida Statutes,

224located in St. Petersburg, Florida; and that Nyhkia's birth

233weight exceeded 2,500 grams. The parties have further agreed

243that Wilfredo Lorenzo, M.D., delivered obstetrical ser vices at

252Nyhkia's birth, and at all times material hereto, was a

"262participating physician" in the Florida Birth - Related

270Neurological Injury Compensation Plan, as defined by Section

278766.302(7), Florida Statutes. Fin ally, by their stipulation,

286the parties h ave agreed that Nyhkia suffered a "birth - related

298neurological injury," as that term is defined by Section

307766. 302(2), Florida Statutes.

311After due consideration of the interests of all parties,

320and being otherwise fully advised in the premises, it is

330ORDERE D that:

3331. The Stipulation and Joint Petition, filed October 1,

3422010, is hereby approved, and the parties are directed to comply

353with the provisions thereof. 1

3582. Petitioner, Nikki Smith, as the mother and natural

367guardian of Nyhkia Lewis, a minor, is awa rded One hundred

378thousand dollars ($100,000.00), pursuant to Section

385766.31(1)(b)1., Florida Statutes, to be paid in lump sum.

3943. Upon payment of the award of One hundred thousand

404dollars ($100,000.00), attorney's fees and other expenses , and

413past benefit s/ expenses, the claims of Petitioner ( C laimant)

424shall be deemed fully satisfied and extinguished, except for the

434issues reserved in the parties' Stipulation and Joint Petition

443filed October 1, 2010, including attorney's fees and costs the

453Petitioners may b e entitled to as a result thereof, and

464Respondent's continuing obligation under Section 766.31(2),

470Florida Statutes, to pay future expenses as incurred.

4784. With regard to the issues reserved in the parties'

488Stipulation, including but not limited to any di spute regarding

498past benefits/expenses and attorney's fees and other expenses of

507the claim, a hearing will be scheduled by a separate notice of

519hearing to address those issues. As for the date of hearing,

530the parties shall, within 45 days of the date of t his Order,

543advise the undersigned Administrative Law Judge, with

550specificity, of the matters remaining in dispute, of several

559mutually agreeable dates for hearing, and of the time required

569for such hearing.

5725. The Division of Administrative Hearings retai ns

580jurisdiction over this matter to resolve any disputes, should

589they arise, regarding the parties' compliance with the terms of

599this Order.

601DONE AND ORDERED this 8th day of October , 2010 , in

611Tallahassee, Leon County, Florida.

615S

616ELLA JANE P. DAVIS

620Administrative Law Judge

623Division of Administrative Hearings

627The DeSoto Building

6301230 Apalachee Parkway

633Tallahassee, Florida 32399 - 3060

638(850) 488 - 9675

642Fax Filing (850) 921 - 6847

648www.doah.state.fl.us

649Filed with the Clerk of t he

656Division of Administrative Hearings

660this 8th day of October , 2010 .

667ENDNOTE

6681/ A prior Stipulation and Joint Petition filed May 11, 2010,

679was not approved , and by its terms is "null and void" due to

692non - approval.

695COPIES FURNISHED :

698(Via Certified Ma il)

702William E. Hahn, Esquire

706William E. Hahn, P.A.

710310 South Fielding Avenue

714Tampa, Florida 33606 - 2225

719(Certified Mail No. 7010 1670 0000 3105 8908)

727Kenney Shipley, Executive Director

731Florida Birth Related Neurological

735Injury Compensation Association

7382360 Christopher Place, Suite 1

743Tallahassee, Florida 32308

746(Certified Mail No. 7010 1670 0000 3105 8915)

754George Stark, Esquire

757708 East Jackson Street

761Tampa, Florida 33602

764(Certified Mail No. 7010 1670 0000 3105 8922)

772Randy J. Ogden, Esquire

776Ogden & S ullivan, P.A.

781113 South Armenia Avenue

785Tampa, Florida 33609

788(Certified Mail No. 7010 1670 0000 3105 8939)

796Robert J. Grace, Jr., Esquire

801Stiles, Taylor & Grace, P.A.

806Post Office Box 460

810Tampa, Florida 33601

813(Certified Mail No. 7010 1670 0000 3105 8946)

821Wilfredo Lorenzo, M.D.

824Gulfcoast OB/GYN

8266700 Crosswind Drive, North

830Suite 200A

832St. Petersburg, Florida 33710

836(Certified Mail No. 7010 1670 0000 3105 8953)

844Amy Rice, Acting Investigation Manager

849Consumer Services Unit

852Department of Health

8554052 Bald Cypres s Way, Bin C - 75

864Tallahassee, Florida 32399 - 3275

869(Certified Mail No. 7010 1670 0000 3105 8960)

877Elizabeth Dudek, Deputy Secretary

881Health Quality Assurance

884Agency for Health Care Administration

8892727 Mahan Drive, Mail Stop 3

895Tallahassee, Florida 32308

898(Cert ified Mail No. 7010 1670 0000 3105 8977)

907NOTICE OF RIGHT TO JUDICIAL REVIEW

913A party who is adversely affected by this F inal O rder is

926entitled to judicial review pursuant to Sections 120.68 and

935766.311, Florida Statutes. Review proceedings are governed by

943the Florida Rules of Appellate Procedure. Such proceedings are

952commenced by filing the original of a notice of appeal with the

964Agency Clerk of the Division of Administrative Hearings and a

974copy, accompanied by filing fees prescribed by law, with the

984a ppropriate District Court of Appeal. See Section 766.311,

993Florida Statutes, and Florida Birth - Related Neurological Injury

1002Compensation Association v. Carreras , 598 So. 2d 299 (Fla. 1st

1012DCA 1992). The notice of appeal must be filed within 30 days of

1025rendi tion of the order to be reviewed.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 06/23/2011
Proceedings: Letter to Judge Davis from K. Shipley regarding a response to a letter dated June 17, 2011 filed.
PDF:
Date: 06/21/2011
Proceedings: Letter to parties of record from Judge Davis.
PDF:
Date: 06/20/2011
Proceedings: Letter to Judge Davis from Nikki Smith requesting for the rest of earned past parental care money from NICA filed.
PDF:
Date: 02/25/2011
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 02/22/2011
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 02/22/2011
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 02/18/2011
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 02/16/2011
Proceedings: Upper Tribunal Document Filed
PDF:
Date: 02/16/2011
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 02/16/2011
Proceedings: Order Approving Stipulation and Joint Petition Filed February 10, 2011.
PDF:
Date: 02/10/2011
Proceedings: Stipulation and Joint Petition for Resolution of Reasonable Expenses Incurred by Petitioner in Connection with Filing of Claim filed.
PDF:
Date: 10/15/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 10/13/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 10/08/2010
Proceedings: DOAH Final Order
PDF:
Date: 10/08/2010
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 10/08/2010
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 10/08/2010
Proceedings: Order Approving Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes. CASE CLOSED.
PDF:
Date: 10/01/2010
Proceedings: Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Birth-Related Neurological Injury filed.
PDF:
Date: 09/29/2010
Proceedings: Letter to parties of record from Judge Davis.
PDF:
Date: 05/28/2010
Proceedings: Letter to Judge Davis from G. Stark regarding an acknowledge receipt filed.
PDF:
Date: 05/19/2010
Proceedings: Letter to parties of record from Judge Davis.
PDF:
Date: 05/18/2010
Proceedings: Notice of Appearance (of R. Grace) filed.
Date: 05/11/2010
Proceedings: Stipulation and Joint Petition for Compensation of Claim Arsing out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statues and Medical Records filed (not available for viewing).
Date: 05/11/2010
Proceedings: Exhibits to Stipulation and Joint Petition for Compensation filed (not available for viewing).
PDF:
Date: 05/11/2010
Proceedings: Notice of Filing. (Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Birth-Neurological Injury Pursuant to Chapter 766, Florida Statutes)
PDF:
Date: 05/11/2010
Proceedings: Affidavit of Nikki Smith filed.
PDF:
Date: 05/11/2010
Proceedings: Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
PDF:
Date: 05/06/2010
Proceedings: Response to Order filed.
PDF:
Date: 05/05/2010
Proceedings: Response to Order to Show Cause filed.
PDF:
Date: 04/29/2010
Proceedings: Order (parties are granted 10 days from the instant date in which to show cause why Respondent NICA's proposal to accept the claim as compensable should not be approved and a hearing solely on the award of benefits should not be scheduled).
PDF:
Date: 02/16/2010
Proceedings: Intervenor, St. Petersburg General Hospital's Response to Show Cause Order filed.
PDF:
Date: 02/11/2010
Proceedings: Response to Order to Show Cause filed.
PDF:
Date: 01/13/2010
Proceedings: Order to Show Cause.
PDF:
Date: 01/13/2010
Proceedings: Notice.
PDF:
Date: 01/07/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Gulf Coast OB/GYN).
PDF:
Date: 01/06/2010
Proceedings: Response to Oder to Show Cause filed.
PDF:
Date: 12/31/2009
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 12/31/2009
Proceedings: Order.
PDF:
Date: 12/11/2009
Proceedings: Order to Show Cause.
PDF:
Date: 10/22/2009
Proceedings: Order Granting Petition to Intervene (St. Petersburg General Hospital).
PDF:
Date: 10/07/2009
Proceedings: Petition to Intervene on Behalf of St. Petersburg General Hospital filed.
PDF:
Date: 10/02/2009
Proceedings: Notice of Case Reassignment.
Date: 09/18/2009
Proceedings: Letter to W. Hahn and G. Stark from K. Shipley enclosing copies of medical evaluations Medical Records filed (not available for viewing).
PDF:
Date: 09/18/2009
Proceedings: Letter to W. Hahn and G. Stark from K. Shipley enclosing copies of medical evaluations filed.
PDF:
Date: 06/29/2009
Proceedings: Order Granting Extension of Time (response to petition to be filed by September 23, 2009).
PDF:
Date: 06/25/2009
Proceedings: Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 06/08/2009
Proceedings: Order (Motion to accept K. Shipley as qualified representative granted).
PDF:
Date: 06/05/2009
Proceedings: Response to Motion to Act as Qualified Representative filed.
PDF:
Date: 05/28/2009
Proceedings: Motion to Act as Qualified Representative Before the Division of Administrative Hearings filed.
PDF:
Date: 05/18/2009
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/14/2009
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 05/14/2009
Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
PDF:
Date: 05/14/2009
Proceedings: Notice sent out that this case is now before the Division of Administrative Hearings.
Date: 05/13/2009
Proceedings: NICA filing fee (Check No. 1326; $15.00) filed (not available for viewing).
PDF:
Date: 05/13/2009
Proceedings: Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.
PDF:
Date: 05/13/2009
Proceedings: Referral Letter filed.

Case Information

Judge:
ELLA JANE P. DAVIS
Date Filed:
05/13/2009
Date Assignment:
10/02/2009
Last Docket Entry:
06/23/2011
Location:
Hernando, Florida
District:
Northern
Agency:
Florida Birth-Related Neurological Injury Compensation Associati
Suffix:
N
 

Counsels

Related Florida Statute(s) (6):