14-001839N Shannon L. Miller And Thomas Williams, Jr., As Parents And Natural Guardians Of Olivia Sophia Miller-Williams, Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, November 4, 2014.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SHANNON L. MILLER AND THOMAS

WILLIAMS, JR., as parents and

natural guardians of OLIVIA

SOPHIA MILLER - WILLIAMS,

deceased,

Petitioners,

vs. Case No. 14 - 1839N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent.

_______________________________/

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 th e 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 October 30 , 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, Petitioners, Shannon L.

Miller and Thomas Williams, Jr., as parents and natural guardians

of Olivia Sophia Miller - Williams , deceased, and Respondent, the

Florida Birth - Related Neurological Injury Compensation

Association (NICA), have agr eed that Shannon L. Miller and Thomas

Williams, Jr., are the parents and legal guardians of Olivia

Sophia Miller - Williams ( Olivia ), deceased; that Olivia was born a

live infant on or about December 28 , 2013, at Memorial Hospital

Jacksonville , a ÐhospitalÑ as defined by section 766.302(6)

located in Jacksonville , Florida; and that Olivia's birth weight

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

Rushia Slaton , M.D., provided obstetrical services at Olivia Ós

delivery and was a Ðparticipating p hysicianÑ in the Florida

Birth - Related Neurological Injury Compensation Plan, as defined

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

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

defined by section 766.302(2), which was th e sole and proximate

cause of her injury and subsequent death.

It is ORDERED:

1. The Stipulation and Joint Petition filed on October 30,

2014 , is hereby approved, and the Parties are directed to comply

with the provisions of the Stipulation and Joint Peti tion.

2. Petitioners, Shannon L. Miller and Thomas Williams, Jr.,

as the parents and legal guardians of Olivia Sophia Miller -

Williams , deceased, are awarded one hundred thousand dollars

($100,000.00), pursuant to section 766.31(1)(b)1., to be paid as a

lu mp sum; 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 20 of the

Stipulation and Joint Petition; and payment of the $10,000.00

death benefit pursuant to section 766.31(1)(b)1.

3. NICA will reimburse Terrell Hogan , attorney for

Petitioners, an agreed upon attorneyÓs fee of $ 10,000.00 and

expenses of $ 2,473.85 , totaling $ 12,473.85 in full for services

rendered in the filing of this claim .

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

benefit of $10,000.00, past benefit/expenses, and $ 12,473.85 for

attorneyÓs fees and costs, the claims of Petitioners shall be

deemed fully satisfied and extinguished.

5. The Division of Admini strative 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 4th day of November , 2014 , in

Tallahassee, Leon County, Florida.

S

BARBARA J. STAROS

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 4th day of November , 2014 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Pl ace, Suite 1

Tallahassee, Florida 32308

( Certified Mail No. 7014 2120 0003 1049 3188 )

Matthew W. Sowell, Esquire

Matthew W. Sowell, P.A.

233 East Bay Street , 8th Floor

Jacksonville, Florida 32202

( Certified Mail No. 7014 2120 0003 1049 3195 )

Amie Rice , Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7014 2120 0003 1049 3201)

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7014 2120 0003 1049 3218)

Memorial Hospital Jacksonville

Attention: Risk Management

3625 University Boulevard South

Jacksonville, Florida 32216

(Certified Ma il No. 70 14 2120 0003 1049 32 49 )

Rushia Nikia Slaton, M.D.

Memorial Hospital Jacksonville

3625 University Boulevard South

Jacksonville, Florida 32216

(Certified Mail No. 70 14 2120 0003 1049 32 25 )

NOTICE OF RIGHT TO JUDICIAL REVIEW

Review of a fin al 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 fi ling 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 appr opriate 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).