12-003382N Arlina J. Homuth And Charles A. Homuth, On Behalf Of And As Parents And Natural Guardians Of Zachary Homuth, A Minor vs. Florida Birth- Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Monday, December 23, 2013.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ARLINA J. HOMUTH AND CHARLES A.

HOMUTH, on behalf of and as

parents and natural guardians of

ZACHARY HOMUTH, a minor ,

Petitioners ,

vs. Case No. 12 - 3382N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOC IATION ,

Respondent,

and

TARPON SPRINGS HOSPITAL

FOUNDATION, INC., d/b/a HELEN

ELLIS MEMORIAL HOSPITAL, MAHNEE

DINSMORE, M.D., BERENICE M.

ROWELL, R.M., L.M., C.P.M., AND

LABOR OF LOVE ENTERPRISES,

Intervenors .

/

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 the Stipulation

and Joint Petition for Compensation of Claims Arising o ut of

Florida Birth - Related Neurological Injury Pursuant to Chapter

766, Florida Statutes (Stipulation and Joint Petition), filed

with the Division of Administrative Hearings on December 17,

2013, for the entry of an order approving the resolution of a

cla im 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, Petitioners, Arlina J.

Homuth and Charles A. Hom uth, on behalf of and as parents and

natural guardians of Zachary Homuth, a minor; Respondent, the

Florida Birth - Related Neurological Injury Compensation

Association (NICA); and Intervenors, Tarpon Springs

Hospital Foundation, Inc., d/b/a Helen Ellis Memor ial Hospital,

Mahnee Dinsmore, M.D., Berenice M. Rowell, R.M., L.M., C.P.M.,

and Labor o f Love Enterprises have agreed that Arlina J. Homuth

and Charles A. Homuth are the parents and legal guardians of

Zachary Homuth (Zachary ), a minor; that Arlina J. Homu th and

Charles A. Homuth are the "Claimants" as defined by section

766.302(3); that Zachary was born a live infant on or about

July 20, 2011, at Helen Ellis Memorial Hospital, a ÐhospitalÑ as

defined by section 766.302(6) located in New Port Richey,

Florid a; and that Za chary 's birth weight exceeded 2,500 grams.

The Parties have further agreed that Mahnee Dinsmore, M.D.,

provided obstetrical services at Za chary 's delivery and, at all

material times, was a Ðparticipating physicianÑ in the Florida

Birth - Relat ed Neurological Injury Compensation Plan, as defined

by section 766.302(7). The Parties have agreed that Zachary

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 Za cha ry Ós permanent and substantial mental and physical

impairments.

It is ORDERED:

1. The Stipulation and Joint Petition filed on December 17,

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

with the provisions of the Stipulation and Joint Pe tition.

2. Petitioners, Arlina J. Homuth and Charles A. Homuth, as

the parents and natural guardians of Zachary Homuth, 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;

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

Joint Petition; and payment of future expenses as incurred .

3 . Respondent shall pay John Bales Attorneys, attorneys for

Petitioners, ten thousand dollars ($10,000.00) for attorney's

fees and two thousand five hundred dollars ($2,500.00) for

expenses, totaling twelve thousand five hundred dollars

($12,500.00) in full, for services rendered in the filing of

Petitioners' claim.

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

benefit/expenses, and attorneysÓ fees and costs the claims of

Petitioners shall be deemed fully satisfied and extinguished,

except fo r Respondent's continuing obligation under section

766.31(2) to pay future expenses as incurred.

5 . 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 December , 2013 , in

Tallahassee, Leon County, Florida.

S

SUSAN BELYEU KIRKLAND

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Build ing

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 23rd day of December , 2013 .

COPIES FURNISHED:

(via certified m ail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7012 1010 0001 8358 0304)

Dalia Huddleston, Esquire

John Bales A ttorneys

Suite 400

9700 Dr. Martin Luther King, Jr. Street, North

St. Petersburg, Florida 33702

(Certified Mail No. 7012 1010 0001 8358 0311)

Thomas L. Schieffelin, Esquire

Hill, Adams, Hall, and Schieffelin

Suite 200

1030 West Canton Avenue

Winter Park, Florida 32789

(Certified Mail No. 7013 1710 0000 1621 0509)

Louis LaCava, Esquire

LaCava and Jacobson PA

101 East Kennedy Boulevard, Suite 2500

Tampa, Florida 33602

(Certified Mail No. 7013 1710 0000 1621 0523)

Mindy McLaughlin, Esquire

Burton, Beytin & McLaughlin

201 North Franklin Street, Suite 2900

Tampa, Florida 33602

(Certified Mail No. 7013 1710 0000 1621 0530)

Robert J. Grace, Esquire

The Bleakley Bavol Law Firm

15170 North Florida Avenue

Tampa, Florida 33613

(Certified Mail No. 7013 1710 00 00 1621 0547)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7013 1710 0000 1621 0554)

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7013 1710 0000 1621 0561)

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 a gency c lerk 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. S tat., and Fla. Birth - Related Neurological

Injury Comp. Ass'n v. Carreras , 598 So. 2d 299 (Fla. 1st DCA

1992).