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14-001436N Paul Trust And Meaghan Trust, On Behalf Of And As Parents And Natural Guardians Of Colin Trust, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association
 Status: Closed
DOAH Final Order on Friday, April 10, 2015.

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

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8PAUL TRUST AND MEAGHAN TRUST, on

14behalf of and as parents and

20natural guardians of COLIN

24TRUST, a minor,

27Petitioners,

28vs. Case No. 14 - 1436N

34FLORIDA BIRTH - RELATED

38NEUROLOGICAL INJURY COMPENSATION

41ASSOCIATION,

42Respondent.

43_______________________________/

44FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

52This cause came on for consideration pursuant to sections

61766.304 and 766.305(7), Florida Statutes, upon the Stipulation

69and Joint Petition for Compensation of Claim Arising out of

79Florida Birth - Related Neurological Injury Pursuant to Chapter

88766, Florida Statutes (Stipulation and Joint Petition), filed

96with the Division of Administrative Hearings on April 8, 2015,

106for the entr y of an order approving the resolution of a claim for

120compensation benefits filed in accordance with the provisions of

129chapter 766 and a resolution of the exclusive remedy otherwise

139available as outlined in chapter 766.

145By the terms of their stipulation, P etitioners, Paul Trust

155and Meaghan Trust, as parents and natural guardians of

164Colin Trust (Colin), a minor, and Respondent, the Florida Birth -

175Related Neurological Injury Compensation Association (NICA), have

182agreed that Paul Trust and Meaghan Trust are the parent s and

194legal guardian s of Colin Trust ( Colin ), a minor; that Colin was

208born a live infant on or about September 14, 2011 , at Boca Raton

221Regional Hospital, a ÐhospitalÑ as defined by section 766.302(6)

230located in Boca Raton , Florida; and that Colin Ós birth weight

241exceeded 2,500 grams. The Parties have further agreed that

251Gostal Arcelin , M.D., provided obstetrical services at Colin 's

260delivery and was a Ðparticipating physicianÑ in the Florida

269Birth - Related Neurological Injury Compensation Plan, as defi ned

279by section 766.302(7). The Parties have agreed that Colin

288suffered a Ðbirth - related neurological injury,Ñ as that term is

300defined by section 766.302(2), which was the sole and proximate

310cause of Colin 's current medical condition .

318It is ORDERED:

3211. Th e Stipulation and Joint Petition filed on April 8 ,

332201 5 , is hereby approved, and the Parties are directed to comply

344with the provisions of the Stipulation and Joint Petition.

3532. Petitioner s , Paul Trust and Meaghan Trust , as the parent s

365and legal guardian s of Colin Trust , a minor, are awarded one

377hundred thousand dollars ($100,000.00), pursuant to section

385766.31(1)(b)1., to be paid as a lump sum to the parent s ; payment

398of benefits up to and including the effective date of the Joint

410Stipulation and Petition pursuant to section 766.31(1)(a), subject

418to the provisions of paragraph 19 of the Stipulation and Joint

429Petition; and payments of future expenses as incurred.

4373. NICA will reimburse Gary Cohen , Esquire, an agreed - upon

448attorneyÓs fee of $ 10,000.00 and exp enses of $ 3,985.00 , totaling

462$ 13,985.00 in full for services rendered in the filing of this

475claim.

4764. Upon the payment of the award of $100,000.00, past

487benefit/expenses, and $ 13,985.00 for attorneyÓs fees and costs,

497the claims of Petitioner s shall be dee med fully satisfied and

509extinguished, except for Respondent's continuing obligation under

516section 766.31(2) to pay future expenses as incurred.

5245. The Division of Administrative Hearings retains

531jurisdiction over this matter to resolve any disputes, shoul d they

542arise, regarding the partiesÓ compliance with the terms of this

552Order.

5536. The final hearing scheduled for June 4, 2015, is

563cancelled.

564DONE AND ORDERED this 10th day of April , 2015 , in

574Tallahassee, Leon County, Florida.

578S

579BARBARA J. STAROS

582Administrative Law Judge

585Division of Administrative Hearings

589The DeSoto Building

5921230 Apalachee Parkway

595Tallahassee, Florida 32399 - 3060

600(850) 488 - 9675

604Fax Filing (850) 921 - 6847

610www.doah.state.fl.us

611Filed with the Clerk of the

617Division of Administrative Hearings

621this 10th day of April , 2015 .

628COPIES FURNISHED:

630(via certified mail)

633Kenney Shipley, Executive Director

637Florida Birth Related Neurological

641Injury Compensation Association

6442360 Christopher Place, Suite 1

649Tallahassee, Florida 32308

652(eServed)

653(Certified Mail No. 7014 2120 0003 1053 1361)

661Gary Michel Cohen, Esquire

665Grossman Roth, P.A.

668Suite 350

670925 South Federal Highway

674Boca Raton, Florida 33432

678(eServed)

679(Certified Mail No. 7014 2120 0003 1053 1378)

687David W. Black, Esquire

691Frank, Weinberg and Black, P.L.

6967805 Southwest 6th Court

700Plantation, Florida 33324

703(eServed)

704(Certified Mail No. 7014 2120 0003 1053 1385)

712Amie Rice, Investigation Manager

716Consumer Services Unit

719Department of Health

7224052 Bald Cypress Way, Bin C - 7 5

731Tallahassee, Florida 32399 - 3275

736(Certified Mail No. 7014 2120 0003 1053 1392)

744Elizabeth Dudek, Secretary

747Health Quality Assurance

750Agency for Health Care Administration

7552727 Mahan Drive, Mail Stop 3

761Tallahassee, Florida 32308

764(Certified Mail No. 7014 2 120 0003 1053 1408)

773Boca Raton Regional Hospital

777Attention: Risk Management

780800 Meadows Road

783Boca Raton, Florida 33486

787(Certified Mail No. 7014 2120 0003 1053 1415)

795Gostal Arcelin, M.D.

7986853 Southwest 18th Street

802Boca Raton, Florida 33433

806(Certified M ail No. 7014 2120 0003 1053 14 22 )

817NOTICE OF RIGHT TO JUDICIAL REVIEW

823Review of a final order of an administrative law judge shall be

835by appeal to the District Court of Appeal pursuant to section

846766.311(1), Florida Statutes. Review proceedings are gov erned by

855the Florida Rules of Appellate Procedure. Such proceedings are

864commenced by filing the original notice of administrative appeal

873with the a gency c lerk of the Division of Administrative Hearings

885within 30 days of rendition of the order to be review ed, and a

899copy, accompanied by filing fees prescribed by law, with the

909clerk of the appropriate District Court of Appeal. See

918§ 766.311(1), Fla. Stat., and Fla. Birth - Related Neurological

928Injury Comp. Ass'n v. Carreras , 598 So. 2d 299 (Fla. 1st DCA

9401992).

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 04/17/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 04/16/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 04/14/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 04/10/2015
Proceedings: DOAH Final Order
PDF:
Date: 04/10/2015
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 04/10/2015
Proceedings: Final Order Approving Stipulation for Entry of Award. CASE CLOSED.
PDF:
Date: 04/08/2015
Proceedings: Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
PDF:
Date: 03/11/2015
Proceedings: Notice of Filing Affidavit of Ian Miller, M.D filed.
PDF:
Date: 02/24/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 02/24/2015
Proceedings: Notice of Hearing by Video Teleconference (hearing set for June 4, 2015; 9:30 a.m.; West Palm Beach and Tallahassee, FL).
PDF:
Date: 02/23/2015
Proceedings: Response to Order of February 19, 2015 filed.
PDF:
Date: 02/19/2015
Proceedings: Notice of Filing Amended Affidavit of William E. Ray, M.D., F.A.A.P filed.
PDF:
Date: 02/19/2015
Proceedings: Order Denying Respondent's Motion for Summary Final Order.
PDF:
Date: 02/18/2015
Proceedings: (Petitioners') Motion to Permit Petitioners to File a Response to Respondent/NICA's Reply to Petitioner's Response to Motion for Summary Final Order filed.
PDF:
Date: 02/17/2015
Proceedings: Respondent's Reply to Petitioner's Response to Motion for Summary Final Order filed.
PDF:
Date: 02/13/2015
Proceedings: Second Notice of Filing in Support of Petitioner's Response to Respondent's Motion for Summary Final Order filed.
PDF:
Date: 02/10/2015
Proceedings: Order (granting Respondent's motion to permit Respondent to file reply to Petitioner's response to motion for summary final order).
PDF:
Date: 02/10/2015
Proceedings: Notice of Filing in Support of Petitioner's Response to Respondent's Motion for Summary Final Order filed.
PDF:
Date: 02/05/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 02/02/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 02/02/2015
Proceedings: (Respondent's) Motion to Permit Respondent to File Reply to Petitioner's Response to Motion for Summary Final Order filed.
PDF:
Date: 01/30/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 01/28/2015
Proceedings: Petitioners' Response to Motion for Summary Final Order filed.
PDF:
Date: 01/28/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 01/26/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 01/23/2015
Proceedings: Order Vacating Summary Final Order of Dismissal and Re-opening File. CASE REOPENED.
PDF:
Date: 01/22/2015
Proceedings: DOAH Final Order
PDF:
Date: 01/22/2015
Proceedings: Petitioner's Motion to Vacate Summary Final Order of Dismissal and Request to Re-open Case and Set Hearing on Respondent's Motion for Summary Final Order filed.
PDF:
Date: 01/22/2015
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 01/22/2015
Proceedings: Summary Final Order of Dismissal. CASE CLOSED.
PDF:
Date: 01/08/2015
Proceedings: (Respondent's) Motion for Summary Final Order filed.
PDF:
Date: 10/15/2014
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 10/15/2014
Proceedings: Notice of Hearing by Video Teleconference (hearing set for March 3, 2015; 9:30 a.m.; West Palm Beach and Tallahassee, FL).
PDF:
Date: 10/14/2014
Proceedings: Notice of Providing Email Addresses for Service filed.
PDF:
Date: 10/14/2014
Proceedings: Response to Order of October 2, 2014 filed.
PDF:
Date: 10/14/2014
Proceedings: Notice of Appearance (David Black) filed.
PDF:
Date: 10/07/2014
Proceedings: Notice of Appearance (Gary Cohen) filed.
PDF:
Date: 10/02/2014
Proceedings: Order (regarding availability, estimated hearing time, and venue for compensability hearing).
Date: 09/30/2014
Proceedings: Respondent's Notice of Filing Medical Records (not available for viewing) filed.
PDF:
Date: 09/30/2014
Proceedings: (Respondent's) Response to Petition for Benefits filed.
PDF:
Date: 09/08/2014
Proceedings: Notice of Ex-parte Communication.
PDF:
Date: 09/08/2014
Proceedings: Order Granting Extension of Time.
PDF:
Date: 09/05/2014
Proceedings: Letter to DOAH from Paul Trust regarding objection to the motion to futher extent time to file response filed.
PDF:
Date: 08/28/2014
Proceedings: Notice of Case Reassignment.
PDF:
Date: 08/27/2014
Proceedings: (Respondent's) Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 05/27/2014
Proceedings: Order Granting Extension of Time.
PDF:
Date: 05/21/2014
Proceedings: (Respondent's) Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 05/06/2014
Proceedings: Order (Motion to accept K. Shipley as qualified representative granted).
PDF:
Date: 04/23/2014
Proceedings: Motion To Act As Qualified Representative filed.
PDF:
Date: 04/07/2014
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 04/02/2014
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 03/31/2014
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 03/31/2014
Proceedings: Initial Order.
PDF:
Date: 03/31/2014
Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
Date: 03/26/2014
Proceedings: NICA filing fee $15.00: Check No. 603 filed (not available for viewing).
PDF:
Date: 03/26/2014
Proceedings: Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.

Case Information

Judge:
BARBARA J. STAROS
Date Filed:
03/26/2014
Date Assignment:
08/28/2014
Last Docket Entry:
04/17/2015
Location:
West Palm Beach, Florida
District:
Southern
Agency:
Florida Birth-Related Neurological Injury Compensation Associati
Suffix:
N
 

Counsels

Related Florida Statute(s) (9):