13-003271N Heather Lynn Johnson And Hector Garces, Individually And As Parents Of Haleigh Jenay Garces, Deceased vs. Florida Birth- Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Monday, March 3, 2014.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

HEATHER LYNN JOHNSON and HECTOR

GARCES, individually and as

parents of HALEIGH JENAY GARCES,

deceased ,

Petitioners ,

vs. Case No. 13 - 3271N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION ,

Respo ndent .

/

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 PetitionersÓ and

RespondentÓs 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 Division of Administrative Hearings on

February 13 , 2014, 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 outlined in chapter

766.

By the terms of their stipulation, the parties have agreed

that Heather Lynn Johnson and Hector Garces are the parents of

Haleigh Jenay Garces (Haleigh), deceased; that Haleigh was born a

live infant on or about July 31, 2012, at Highlands Regional

Medical Center in Sebr ing, Florida, a ÐhospitalÑ as defined by

section 766.302(6); and that HaleighÓs birth weight exceeded

2,500 grams. The parties have further agreed that

Dipakkumar Upadhyay a , M.D., rendered obstetrical services at

Hal eigh Ós delivery and was a Ðparticipatin g physicianÑ in the

Florida Birth - Related Neurological Injury Compensation Plan, as

defined by section 766.302(7). The parties have agreed that

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

term is defined by section 766.302(2) and that she died on

August 3, 2012.

After due consideration of the interests of the parties, and

being otherwise fully advised in the premises, it is

ORDERED:

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

2014, is hereby approved, and the parties a re directed to comply

with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Heather Lynn Johnson and Hector Garces, as

the parents of Haleigh Jenay Garces, deceased, are awarded one

hundred thousand dollars ($100,000), pursuant to sec tion

766.31(1)(b)1 . , to be paid as a lump sum.

3. NICA shall pay Petitioners a $10,000 death benefit as

authorized by section 766.31(1)(b)2.

4. NICA shall pay for past expenses as provided by

766.31(1)(a) subject to the provisions of paragraph 20 of the

Stipulation and Joint Petition.

5. NICA will reimburse Ronald S. Gilbert, Esquire, attorney

for Petitioners, $7,500 for attorneyÓs fees and expenses of $500,

totaling $8,000 in full for services rendered in the filing of

PetitionersÓ claim.

6. Upon paym ent of the award of $100,000, the death benefit

of $10,000, past expenses, and $8,000 for attorneyÓs fees and

costs, the claims of Petitioners shall be deemed fully satisfied

and extinguished.

7. The Division of Administrative Hearings retains

jurisdicti on over this matter to resolve any disputes, should they

arise, regarding the partiesÓ compliance with the terms of this

Order.

DONE AND ORDERED this 18th day of February , 2014 , in

Tallahassee, Leon County, Florida.

S

SU SAN 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 18th day of February , 2014 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Flor ida 32308

(Certified Mail No. 7013 2630 0000 4176 5632)

Ronald S. Gilbert, Esquire

Colling, Gilbert, Wright and Carter, LLC

Suite 830

801 North Orange Avenue

Orlando, Florida 32801

(Certified Mail No. 7013 2630 0000 4176 5649)

Tana D. Storey, Esquire

Brewton Plante, P.A.

Suite 250

225 South Adams Street

Tallahassee, Florida 32301

(Certified Mail No. 7013 2630 0000 4176 5656)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Flor ida 32399 - 3275

(Certified Mail No. 7013 2630 0000 4176 5663)

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7013 2630 0000 4176 5670)

Dipakkumar Upadhyaya, M.D.

Suite A1

6801 US Highway 27 North

Sebring, Florida 33870

(Certified Mail No. 7013 2630 0000 4176 5687 )

Highlands Regional Medical Center

Attention: Risk Management

3600 South Highlands Avenue

Sebring, Florida 33870

(Certified Mail No. 7013 2630 0000 4176 5694)

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 procee dings 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. Stat., and Fla. Birth - Related Neurological

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

1992).