09-006623N Amanda Karp And Scott Hamilton, On Behalf Of And As Parents And Natural Guardians Of Alexander Hamilton, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, September 3, 2010.

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

Case No. 09-6623N

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AMANDA KARP AND SCOTT HAMILTON, )

on behalf of and as parents and FINAL ORDER APPROVING STIPULATION AND JOINT PETITION )

natural guardians of ALEXANDER )

HAMILTON, a minor, )

Petitioners, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

Respondent, )

)

and )

)

ST. PETERSBURG GENERAL )

HOSPITAL, MARIANNE MARRYSHOW, )

C.N.M., AND OB/GYN ASSOCIATES, )

P.A., )

)

Intervenors. )

)

)

)

FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH-RELATED

NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTES

This cause came on for consideration, pursuant to Sections

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

and Joint Petition of the parties, filed August 25, 2010, for

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

for compensation benefits heretofore filed in this cause in

accordance with the provisions of Chapter 766, Florida Statutes,

and a resolution of the exclusive remedy otherwise available as

outlined in Chapter 766, Florida Statutes.

By the terms of their Stipulation, the parties have agreed

that Amanda Karp and Scott Hamilton, are the parents and legal

guardians of Alexander Hamilton, a deceased minor; that

Alexander was born a live infant on October 19, 2005, at St.

Petersburg General Hospital, a "hospital," as defined by Section

766.302(6), Florida Statutes, located in St. Petersburg,

Florida; and that Alexander's birth weight exceeded 2,500 grams.

The parties have further agreed that obstetrical services at

Alexander's birth were rendered by Marianne Marryshow, C.N.M.,

who, at all times material hereto, was a "participating

physician" in the Florida Birth-Related Neurological Injury

Compensation Plan, as defined by Section 766.302(7), Florida

Statutes. Finally, by their stipulation, the parties have

agreed that Alexander suffered a "birth-related neurological

injury," as that term is defined by Section 766.302(2), Florida

Statutes, and died on December 31, 2009.

After due consideration of the interests of all parties,

and being otherwise fully advised in the premises, it is

ORDERED that:

1. The Stipulation and Joint Petition of the parties,

filed August 25, 2010, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioners, Amanda Karp and Scott Hamilton, as the

parents and legal guardians of Alexander Hamilton, a deceased

minor, are awarded One hundred thousand dollars ($100,000.00),

pursuant to Section 766.31(1)(b)1., Florida Statutes, to be paid

in lump sum; a death benefit of Ten thousand dollars

($10,000.00), pursuant to Section 766.31(1)(b)2., Florida

Statutes, to be paid in lump sum; and One hundred thousand

dollars ($100,000.00) as full payment for custodial care

rendered by Amanda Karp and Scott Hamilton to Alexander

Hamilton.

3. NICA will reimburse William E. Hahn, Esquire, and

C. Bryant Boydstun, Esquire, attorneys for Petitioners, an

agreed upon attorney's fee of Ten thousand dollars ($10,000.00)

and Five hundred dollars ($500.00) for expenses (costs), thereby

resolving any and all claims for attorney's fees in this cause.

4. Upon payment of the award of One hundred thousand

dollars ($100,000.00), a death benefit of Ten thousand dollars

($10,000.00), payment of parental custodial care of One hundred

thousand dollars ($100,000.00), and payment of past benefits

under Section 766.31(1)(a), Florida Statutes, the claims of

Petitioners (claimants) shall be deemed fully satisfied and

extinguished.

5. No provision is made under Section 766.31(2), Florida

Statutes, to pay future benefits/expenses because the child,

Alexander, is deceased.

6. The Division of Administrative Hearings retains

jurisdiction over this matter to resolve any dispute as to the

interpretation of any provision of the parties' stipulation, and

to resolve any disputes, including but not limited to past

expenses, should they arise, regarding the parties' compliance

with the terms of such stipulation and this Final Order.

DONE AND ORDERED this 3rd day of September, 2010, in

Tallahassee, Leon County, Florida.

S

ELLA JANE P. DAVIS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone]

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 3rd day of September, 2010.

COPIES FURNISHED :

William E. Hahn, Esquire

William E. Hahn, P.A.

310 South Fielding Avenue

Tampa, Florida 33606-2225

(Certified Mail No. 7010 0290 0001 2352 0796)

C. Bryant Boydstun, Esquire

Abbey Adams

360 Central Avenue, 11th Floor

St. Petersburg, Florida 33701

(Certified Mail No. 7010 0290 0001 2352 1045)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7010 0290 0001 2352 1052)

Randy J. Ogden, Esquire

Ogden & Sullivan, P.A.

113 South Armenia Avenue

Tampa, Florida 33609

(Certified Mail No. 7010 0290 0001 2352 0802)

Troy J. Crotts, Esquire

Bush Ross, P.A.

Post Office Box 3913

Tampa, Florida 33601-3913

(Certified Mail No. 7010 0290 0001 2352 0819)

David W. Black, Esquire

Frank, Weinberg & Black, P.L.

7805 Southwest Sixth Court

Plantation, Florida 33324

(Certified Mail No. 7010 0290 0001 2352 0826)

Amy Rice, Acting Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C-75

Tallahassee, Florida 32399-3275

(Certified Mail No. 7010 0290 0001 2352 0833)

Elizabeth Dudek, Deputy Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7010 0290 0001 2352 0840)

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Final Order is entitled

to judicial review pursuant to Sections 120.68 and 766.311,

Florida Statutes. Review proceedings are governed by the Florida

Rules of Appellate Procedure. Such proceedings are commenced by

filing the original of a notice of appeal with the Agency Clerk

of the Division of Administrative Hearings and a copy,

accompanied by filing fees prescribed by law, with the

appropriate District Court of Appeal. See Section 766.311,

Florida Statutes, and Florida Birth-Related Neurological Injury

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

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

rendition of the order to be reviewed.