12-000474N Amanda Lininger And Chris Halliday, On Behalf Of And As Parents And Natural Guardians Of Jared Halliday, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, June 4, 2013.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AMANDA LININGER AND CHRIS

HALLIDAY, on behalf of and as

parents and natural guardians of

JARED HALLIDAY, a minor,

Petitioners,

vs. Case No. 12 - 0474N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCI ATION,

Respondent,

and

FLAGLER HOSPITAL, INC.,

Intervenor.

/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on for consideration pursuant to sections

766.30 4 and 766.305(7), Florida Statutes, upon the 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 Divisi on of Administrative Hearings on May 21 , 2013,

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 ou tlined in chapter 766.

By the terms of their stipulation, Petitioners,

Amanda Lininger and Chris Halliday, on behalf of and as parents

and natural guardians of Jared Halliday, a minor, and

Respondent, the Florida Birth - Related Neurological Injury

Compensat ion Association (NICA) have agreed that Amanda Lininger

and Chris Halliday are the parents and legal guardians of

Jared Halliday (Jared), a minor; that Jared was born a live

infant on or about February 1, 2011, at Flag l er Hospital, a

ÐhospitalÑ as defined by section 766.302(6) located in

St. Augustine, Florida; and that Jared's birth weight exceeded

2,500 grams. The Parties have further agreed that Kelly Jago,

M.D., provided obstetrical services at Jared's delivery and was

a Ðparticipating physicianÑ in th e Florida Birth - Related

Neurological Injury Compensation Plan, as defined by section

766.302(7). The Parties have agreed that Jared suffered a

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

section 766.302(2), which was the sole and proxi mate cause of

Jared's permanent and substantial mental and physical

impairments.

It is ORDERED:

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

2013, is hereby approved, and the Parties are directed to comply

with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Amanda Lininger and Chris Halliday, as the

parents and legal guardians of Jared Halliday, a minor, are

awarded one hundred thousand dollars ($100,000.00), pursuant to

section 766.31(1)(b)1, to be paid as periodic payme nts and for

use for home, vehicle, or related expenses; payment of benefits

up to and including the effective date of the Joint Stipulation

and Petition pursuant to section 766.31(1)(a), subject to the

provisions of paragraph 19 of the Stipulation and Join t Petition;

and payment of future expenses as incurred.

3 . Upon the payment of the award of $100,000.00 and past

benefit/expenses, the claims of Petitioners shall be deemed fully

satisfied and extinguished, except Respondent's continuing

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

incurred.

4 . 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 OR DERED this 4th day of June , 2013 , 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 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 4th day of June , 2013 .

COPIES FURNISHED :

(Via Certified Mail)

Kenney Shipley, Executive Director

Florida Birt h Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7011 1570 0003 4462 1462)

Amanda Lininger

Chris Halliday

145 East McCormick Road

East Palatka, Florida 32131

(Certifi ed Mail No. 7012 1010 0001 8356 9927)

Megan R. Heiden, Esquire

Smith, Hulsey, & Busey

225 Water Street, Suite 1800

Jacksonville, Florida 32202

(Certified Mail No. 7012 1010 0001 8357 6529)

Anah Blue Marks, ARNP

OB/GYN Associates of St. Augustine

300 Health Park Boulevard, Suite 3002

St. Augustine, Florida 32086

(Certified Mail No. 701 2 3050 0001 0074 8628 )

Flagler Hospital

Risk Management

400 Health Park Boulevard, Suite 211

St. Augustine, Florida 32086

(Certified Mail No. 701 2 3050 0001 0074 8635 )

Kelly Kathleen Jago, M . D .

300 Health Park Boulevard, Suite 3002

St. Augustine, Florida 32086

(Certified Mail No. 701 2 3050 0001 0074 8659 )

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7012 3050 0001 8358 3121 )

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No . 7012 3050 0001 0074 86 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 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, an d 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).