11-004525N Diamond Fields And Ivan Gibson, Jr., On Behalf Of And As Parents And Natural Guardians Of Isaac Gibson, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, January 11, 2012.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DIAMOND FIELDS AND IVAN GIBSON, )

JR., on behalf of and as )

parents and natural guardians )

of ISAAC GIBSON, a deceased )

minor , )

)

Petitioner s , )

)

vs. ) Case No . 11 - 4525N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATIO N ASSOCIATION , )

)

Respondent, )

)

and )

)

GLORIA CHEN HAKKARAINEN, M.D., )

AND TENET GOOD SAMARITAN, INC., )

d/b/a GOOD SAMARITAN MEDICAL )

CENTER, )

)

Intervenor s . )

)

FINAL ORDER APPROVING STIPULATION AND JOINT PETITION

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 s ections

766.304 and 766.305(7), Florida Statutes, upon the Petitioners'

and Respondent's Stipulation and J oint P etition, filed

December 29, 2011, for the entry of an order approving the

resolution of a formal claim for compensation benefits

heretofore filed in thi s cause in accordance with the provisions

of c hapter 766, Florida Statutes, and a resolution of the

exclusive remedy otherwise available as outlined in c hapter 766 .

By the terms of their S tipulation, Petitioners and

Respondent NICA have agreed that Petit ioners, Diamond Fields and

Ivan Gibson, Jr., are the parents and legal guardians of

Isaac Gibson ( Isaac ), a deceased minor; that Isaac was born a

live infant on January 12, 2010 , at Good Samaritan Medical

Center , a hospital in West Palm Beach, Florida, whi ch is a

"hospital," as defined by s ection 766.302(6); and that Isaac 's

birth weight was in excess 2,500 grams (i.e., 7 pounds,

13 ounces). The parties have further agreed that the physician

delivering obstetrical services at Isaac' s birth was

Gloria Hakka rainen , M.D., who, at all times material hereto, was

a "participating physician" in the Florida Birth - Related

Neurological Injury Compensation Plan, as defined by s ection

766.302(7) . Finally, by their stipulation, the parties have

agreed that Isaac suffer ed a "birth - related neurological

injury," as that term is defined by s ection 766.302(2), and died

on J anuary 12 , 2010 .

After due consideration of the interests of all parties,

and being otherwise fully advised in the premises, it is

ORDERED that:

1. Peti tioners and Respondent NICA's Stipulation and Joint

Petition , filed December 29, 2011 , is hereby approved, and the

parties are directed to comply with the provisions thereof.

2. Petitioners, Diamond Fields and Ivan Gibson, as the

parents and natural guard ians of Isaac Gibson , a deceased minor,

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

to s ection 766.31(1)(b)1., and a death benefit of Ten thousand

dollars ($10,000.00), pursuant to s ection 766.31(1)(b)2., to be

paid in lump sum.

3. Re spondent NICA shall forthwith pay to Somera & Silva,

LLP (Peter J. Somera, Jr., Esquire, and Paul M. Silva, Esquire),

attorneys for Petitioners, an agreed - upon attorney's fee of

Eight thousand dollars and no cents ($8,000.00) and expenses

(costs) of One th ousand, six hundred , sixty - five dollars and

ninety - six cents ($1,665.96), totaling Nine thousand, six

hundred, sixty - five dollars and ninety - six cents ($ 9 ,665.96), in

full , for services rendered to date in connection with this

claim.

4 . Upon payment of th e award of One hundred thousand

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

($10,000.00), and payment of past benefits under s ection

766.31(1)(a), the claims of Petitioners (claimants) shall be

deemed fully satisfied and extinguished.

5 . No provision is made under s ection 766.31(2), to pay

future benefits/expenses because the child, Isaac , 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 11th day of January, 2012 , 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

(850) 488 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 11th day of January, 2012 .

COPIES FURNISHED :

(Via Certified Mail)

Paul M. Silva, Esquire

Somera and Silva, LLP

2255 Glades Road, Su ite 232W

Boca Raton, Florida 33431

(Certified Mail No. 7010 3090 0000 0717 2458)

Eugene L. Ciotoli, Esquire

Bobo, Ciotoli, Bocchino,

White, and Buigas, P.A.

1240 U.S. Highway 1

North Palm Beach, Florida 33408

(Certified Mail No. 7010 3090 0000 0717 2 465)

Matthew K. Schwencke, Esquire

Billing, Cochran, Lyles,

Mauro and Ramsey, P.A.

1601 Forum Place, Suite 400

West Palm Beach, Florida 33401

(Certified Mail No. 7010 3090 0000 0717 2472)

Karissa L. Owens, Esquire

Rissman, Barrett, Hurt,

Donahue and McLain, P.A.

201 East Pine Street, Suite 1500

Orlando, Florida 32801

(Certified Mail No. 7011 1570 0001 1540 5598)

David W. Black, Esquire

Frank, Weinberg and Black, P.L.

7805 Southwest 6th Court

Plantation, Florida 33324

(Certified Mail No. 7011 1570 0001 1540 5604)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7011 1570 0001 1540 5611)

Peter J. Somera, Jr., Esquir e

Somera and Silva, LLP

212 North Federal Highway

Deerfield Beach, Florida 33441

(Certified Mail No. 7011 1570 0001 1540 562 8 )

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Flori da 32399 - 3275

(Certified Mail No. 7011 1570 0001 1540 56 35 )

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7011 1570 0001 1540 56 42 )

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 Appe llate 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 fil ing 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).