11-004402N Loraine C. Niekoop, On Behalf And As Parent And Natural Guardian Of Elijah Turner, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, September 10, 2019.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LORAINE C. NIEKOOP, on behalf )

and as parent and natural )

guardian of ELIJAH TURNER, a )

minor , )

)

Petitioner , )

)

vs. ) Case No. 11 - 4402N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION , )

)

Respondent . )

)

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on for consideration pursuant to sections

766.304 and 766.305(7), Florida Statutes, upon Pe titionerÓs and

RespondentÓs Stipulation and Joint Petition for Compensation of

Claim Arising out of Florida Birth - Related Neurological Injury

pursuant to Chapter 766, Florida Statutes (Stipulation and Joint

Petition), filed with the Division of Administrat ive Hearings on

May 21, 2012, for the entry of an order approving the resolution

of a claim for compensation benefits filed in accordance with

the provisions of chapter 766 and a resolution of the exclusive

remedy otherwise available as outlined in chapter 766.

By the terms of their stipulation, the parties have agreed

that Loraine C. Niekoop is the parent and natural legal guardian

of Elijah Turner (Elijah), a minor; that Elijah was born a live

infant on or about September 18, 2008, in Miramar, Florida, at

Memorial Hospital Miramar, a ÐhospitalÑ as defined by section

766.302(6); and that Elijah's birth weight exceeded 2,500 grams.

The parties have further agreed that Jose Rivas, M.D., delivered

obstetrical services at Elijah's delivery and was a

Ðparticipa ting physicianÑ in the Florida Birth - Related

Neurological Injury Compensation Plan, as defined by section

766.302(7). The parties have agreed that Elijah suffered a

Ðbirth - related neurological injury,Ñ as that term is defined by

section 766.302(2).

After due consideration of the interests of the parties,

and being otherwise fully advised in the premises, it is

ORDERED:

1. The Stipulation and Joint Petition filed May 21, 2012,

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

the provisions of the Stipulation and Joint Petition.

2. Petitioner, Loraine C. Niekoop, as the parent and legal

guardian of Elijah Turner, a minor, is awarded one hundred

thousand dollars ($100,000.00), pursuant to section

766.31(1)(b)1, to be paid in periodic payments to be used for a

home, vehicle , or related expenses and payment of benefits up to

and including the effective date of the Stipulation under section

766.31(1)(a) subject to the provisions of paragraph 19 of the

Stipulation and Joint Petition.

3. NICA will reimburse Malove Henratty, P.A., attorney for

Petitioner, an agreed - upon fee of $7,725.00 and expenses of

$3,211.85, totaling $10,936.85 in full, for services rendered in

the filing of this claim.

4 . NICA shall pay future expenses as incurred.

5 . Upon p ayment of the award of $100,000.00 and past

benefits/expenses, and attorney's fees and expenses of

$10,936.85 , the claim of Petitioner shall be deemed fully

satisfied and extinguished, except for NICAÓs continuing

obligation under section 766.31(2) to pay future expenses as

incurred.

6 . The Division of Administrative Hearings retains

jurisdiction over this matter to resolve any disputes, should

they arise, regarding the partiesÓ compliance with the terms of

this Order.

DONE AND ORDERED this 23rd day of Ma y , 2012 , 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 - 967 5

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 23rd day of May , 2012 .

COPIES FURNISHED :

(Via Certified Mail)

Scott L. Henratty, Esquire

Malove Henratty, P.A.

14 Rose Drive

Fort Laud erdale, Florida 33316

(Certified Mail No. 7011 1570 0001 1540 6113)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 70 11 1570 0001 1540 6120)

David W. Black, Esquire

Frank, Weinberg and Black, P.L.

7805 Southwest 6th Court

Plantation, Florida 33324

(Certified Mail No. 7011 1570 0001 1540 6137)

Memorial Hospital Miramar

1901 Southwest 172nd Avenue

Miramar, Florida 33 029

(Certified Mail No. 7011 1570 0001 1540 6144 )

Jose Rivas, M.D.

4100 Hollywood Boulevard

Hollywood, Florida 33021

(Certified Mail No. 7011 1570 0001 1540 6151)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7011 1570 0001 1540 6168)

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Cert ified Mail No. 7011 1570 0001 1540 6175 )

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 commenced 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).