12-000785N Jaquesha Warren And Dantrellis Townsend, As Natural Parents And Guardians Of Kionda Townsend, A Minor, And Jacquesha Warren And Dantrellis Townsend, Individually vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, May 21, 2013.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JAQUESHA WARREN AND DANTRELLIS )

TOWNSEND, as natural parents )

and guardians of KIONDA )

TOWNSEND, a minor, and )

JACQUESHA WARREN AND DANTRELLIS )

TOWNSEND, individually , )

)

Petitioners , )

)

vs. ) Case No. 12 - 0785N

)

FLORIDA BIRT H - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION , )

)

Respondent . )

)

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on for consi deration pursuant to sections

766.304 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 Jo int Petition), filed

with the Division of Administrative Hearings on May 13, 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 exclus ive

remedy otherwise available as outlined in chapter 766.

By the terms of their stipulation, Petitioners,

Jaquesha Warren and Dantrellis Townsend, individually and as

parents and natural guardians of Kionda Townsend, a minor, and

Respondent, the Florida B irth - Related Neurological Injury

Compensation Association (NICA) (collectively, the Parties),

have agreed that Jaquesha Warren and Dantrellis Townsend are the

parents and legal guardians of Kionda Townsend (Ki o nd a ), a

minor; that Jaquesha Warren and Dantre llis Townsend are the

"Claimants" as defined by section 766.302(3); that Kionda was

born a live infant on or about February 24, 2012, at Lawnwood

Medical Center, Inc. , d/b/a Lawnwood Medical Center & Heart

Institute (Lawnwood), a ÐhospitalÑ as defined by s ection

766.302(6) located in Fort Pierce, Florida; and that Kionda's

birth weight was 3 , 075 grams. The Parties have further agreed

that William Brian King, M.D., provided obstetrical services at

Kionda's delivery and, at all material times, was a

Ðpartici pating physicianÑ in the Florida Birth - Related

Neurological Injury Compensation Plan, as defined by section

766.302(7). The Parties have agreed that Susan M. Thul, ARNP,

was a certified nurse - midwife, who was not a participating

physician, but who partici pated in the care of the mother in the

labor and delivery of the child. The Parties have agreed that

Kionda suffered a Ðbirth - related neurological injury,Ñ as that

term is defined by section 766.302(2), which was the sole and

proximate cause of Kionda's p ermanent and substantial mental and

physical impairments.

It is ORDERED:

1. The Stipulation and Joint Petition filed on May 13,

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

with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Jaquesha Warren and Dantrellis Townsend,

as the parents and natural guardians of Kionda Townsend , a

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

pursuant to section 766.31(1)(b)1, to be paid in a lump sum;

payment of benefit s 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 Joint Petition; and payment of future expenses

as incurred.

3. NICA will reim burse attorneys for the Petitioners,

Alan Goldfarb, P.A. (Alan Goldfarb and Frederick Gunion) an

agreed - upon attorney's fees of $7,500 .00 and expenses of

$1,714.20, totaling $9,214.20, in full for services rendered in

the filing of this claim. Alan Goldfa rb, P.A., will be

responsible for paying any attorney's fees and costs owed to

Janice Vessell Fisher, Esquire, from the agreed - upon attorney's

fees and costs.

4 . Upon the payment of the award of $100,000.00, past

benefit/expenses, and $9,214.20 for attorn ey's fees and costs the

claims of Petitioners shall be deemed fully satisfied and

extinguished, except for Respondent's continuing obligation under

section 766.31(2) to pay future expenses as incurred.

5 . The Division of Administrative Hearings retains

ju risdiction over this matter to resolve any disputes, should

they arise, regarding the partiesÓ compliance with the terms of

this Order.

DONE AND ORDERED this 21st day of May , 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

Divis ion of Administrative Hearings

this 21st day of May , 2013 .

COPIES FURNISHED :

(Via Certified Mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Flori da 32308

(Certified Mail No. 7012 1010 0001 8356 9880)

Alan Goldfarb, Esquire

Alan Goldfarb, P.A.

Miami Tower, Suite 4500

100 Southeast 2nd Street

Miami, Florida 33131

(Certified Mail No. 7012 1010 0001 8356 9897)

Janice Vessell Fisher, Esquire

Law Off ices of Fisher and Associates, P.A.

900 Delaware Avenue

Fort Pierce, Florida 34950

(Certified Mail No. 7012 1010 0001 8356 9903)

David W. Black, Esquire

Frank, Weinberg and Black, P.L.

7805 Southwest 6th Court

Plantation, Florida 33324

(Certified Mail N o. 7012 1010 0001 8356 9910)

Susan M. Thul, ARNP

309 Azalea Dale Drive

Chattanooga, Tennessee 37419 - 2157

(Certified Mail No. 7012 1010 0001 8356 9934)

William B. King, M.D.

1401 North Lawnwood Circle

Fort Pierce, Florida 34950

(Certified Mail No. 7012 1010 0001 8356 9941)

Lawnwood Regional Medical Center

1700 South 23rd Street

Fort Pierce, Florida 34950

(Certified Mail No. 7012 1010 0001 8356 9958)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypres s Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7012 1010 0001 8356 9965)

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified M ail No. 7012 1010 0001 8356 9972)

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 gov erned

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

review ed, 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).