13-000712N Christine Lawhon And Ja Daved Lawhon, On Behalf Of And As Parents And Natural Guardians Of Zoe Ann Lawhon, Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, June 5, 2013.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHRISTINE LAWHON AND JA DAVED

LAWHON, on behalf of and as

parents and natural guardians of

ZOE ANN LAWHON, deceased ,

Petitioners ,

vs. Case No. 13 - 0712N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASS OCIATION ,

Respondent,

and

VANESSA DANCE, M.D. ; HEALTH

FIRST PHYSICIANS, INC. ; AND CAPE

CANAVERAL HOSPITAL, INC., d/b/a

CAPE CANAVERAL HOSPITAL,

Intervenors .

/

FINAL ORDER APPROVING S TIPULATION 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 Claim Arising out of

Florida Birth - Related Neurological Injury Pu rsuant to Chapter

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

with the Division of Administrative Hearings on June 3, 2013,

for the entry of an order approving the resolution of a claim

for compensation benefits filed in accordance with t he

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,

Christine Lawhon and Ja DaVed Lawhon, on behalf of and as

parents and natural guardians of Zoe Ann Lawhon, a deceased

minor, and Respondent, the Florida Birth - Related Neurological

Injury Compensation Association (NICA) have agreed that

Christine Lawhon and Ja DaVed are the parents and legal

guardians of Zoe Ann Lawhon (Zoe), a deceased minor; t hat Zoe

was born on or about May 6, 2011, at Cape Canaveral Hospital, a

ÐhospitalÑ as defined by section 766.302(6) located in Coco

Beach, Florida; and that Zoe's birth weight exceeded 2,500

grams. The Parties have further agreed that Vanessa Dance,

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

Ðparticipating physicianÑ in the Florida Birth - Related

Neurological Injury Compensation Plan, as defined by section

766.302(7). The Parties have agreed that Zoe suffered a Ðbirth -

related neurologi cal injury,Ñ as that term is defined by section

766.302(2), and that Zoe died on May 6, 2011. The medical

report filed in this case demonstrates that Zoe was born a live

infant.

It is ORDERED:

1. The Stipulation and Joint Petition filed on June 3,

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

with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Christine Lawhon and Ja DaVed Lawhon, as

the parents and legal guardians of Zoe Ann Lawhon, a deceased

minor, are awarded $100,000.00, pursuant to section

766.31(1)(b)1, to be paid as a lump sum, a death benefit of

$10,000 .00 pursuant to section 766.31(1)(b)1, and payment of

benefits pursuant to section 766.31(1)(a), subject to the

provisions of paragraph 20 of the Stipulati on and Joint Petition.

3. Respondent shall pay Brian C. Lamb, Esquire, attorney

for Petitioners, $10,000.00 for attorney's fees and $4,191.02 for

expenses, totaling $14,191.02 in full, for services rendered in

the filing of Petitioners' claim.

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

benefit of $10,000 .00 , attorney's fees and other expenses

totaling $14,191.02 incurred in connection with the filing of

this claim, and past benefit/expenses, the claims of Petitioners

shall be deemed ful ly satisfied and extinguished.

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 5th day of J une , 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 - 9 675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 5th day of June , 2013 .

COPIES FURNISHED :

(Via Certified Mail)

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 2995)

Brian C. Lamb, Esquire

Martinez Manglardi, P.A.

540 North Semoran Boulevard

Orlando, Florida 32807

(Certified Mai l No. 7012 1010 0001 8358 3008)

Karissa L. Owens, Esquire

Rissman, Barrett, Hurt,

Donahue and McLain, P.A.

Suite 1500

201 East Pine Street

Orlando, Florida 32801

(Certified Mail No. 7012 1010 0001 8358 3015)

Kenneth Alan Beytin, Esquire

Beytin, Bolin , McLaughlin and Willers, P.A.

Suite 2900

201 North Franklin Street

Tampa, Florida 33602

(Certified Mail No. 7012 1010 0001 8358 3022)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahasse e, Florida 32399 - 3275

(Certified Mail No. 7012 1010 0001 8358 3039 )

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7012 1010 0001 835 8 3046 )

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, accompanie d 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).