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.
DOAH Final Order on Friday, October 8, 2010.
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.
- 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: 06/20/2011
- 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: 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: 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: 05/28/2010
- Proceedings: Letter to Judge Davis from G. Stark regarding an acknowledge receipt 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: 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: 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: 01/07/2010
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Gulf Coast OB/GYN).
- PDF:
- Date: 12/31/2009
- Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
- 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.
- 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: 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).
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
-
Robert J. Grace, Esquire
Address of Record -
William E Hahn, Esquire
Address of Record -
Randy J. Ogden, Esquire
Address of Record -
Kenney Shipley, Executive Director
Address of Record -
Nikki Smith
Address of Record -
George Stark, Esquire
Address of Record