14-001979N Susan Neckles And Michael Syracuse, Individually And On Behalf Of Shelby Samantha Neckles, A/K/A Shelby Samantha Syracuse, Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, June 27, 2014.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SUSAN NECKLES AND MICHAEL

SYRACUSE, individually and on

behalf of SHELBY SAMANTHA

NECKLES, a/k/a SHELBY SAMANTHA

SYRACUSE, deceased,

Petitioners,

vs. Case No. 14 - 1979N

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 Statu tes, upon the 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 o n June 26, 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,

Susan Neckles and Michael Syracuse, as parents and natural

guardians of Shelby Samantha Neckles, deceased, and Respondent,

the Florida Birth - Related Neurological Injury Compensation

Association (NICA) , have agreed t hat Susan Neckles and

Michael Syracuse are the parents and legal guardians of Shelby

Samantha Neckles (Shelby), deceased; that Shelby was born a live

infant on or about June 28, 2012, at Memorial Hospital West, a

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

Pines, Florida; and that ShelbyÓs birth weight exceeded 2,500

grams. The Parties have further agreed that Carmen Selman, M.D.,

provided obstetrical services at ShelbyÓs 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 Shelby 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 her

injury and subsequent death.

It is ORDERED:

1. The Stipulation and Joint Petition filed on June 26,

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

with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Susan Neck les and Michael Syracuse, as the

parents and legal guardians of Shelby Samantha Neckles, deceased,

are awarded one hundred thousand dollars ($100,000.00), pursuant

to section 766.31(1)(b)1 . , to be paid as a lump 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 David Levine, Esquire, attorney for

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

expenses of $1,498.03, totaling $11,498.03 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 $11,498.03 for

attorneyÓs fees and costs, the claims of Petitioners shall be

deemed fully 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 27th day of June , 2014 , in

Tallahassee, Leon County, Florida.

S

SUSAN BEL YEU 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 Adm inistrative Hearings

this 27th day of June , 2014 .

COPIES FURNISHED:

(via certified mail)

David A. Levine, Esquire

Klauber and Shields, P.A.

Suite 410

8751 West Broward Boulevard

Plantation, Florida 33324

( Certified Mail No. 7014 0150 0002 0389 7755 )

K enney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

( Certified Mail No. 7014 0150 0002 0389 7762)

Amie Rice, Investigation Manager

Consumer Ser vices Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7014 0150 0002 0389 7779)

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, M ail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7014 0150 0002 0389 7786)

Memorial Hospital West

Attention: Risk Management

703 North Flamingo Road

Pembroke Pines, Florida 33028

(Certified Mail No. 70 14 0150 0002 0389 7793 )

Carmen Selma n, M.D.

Suite 400

1150 North 35th Avenue

Hollywood, Florida 33021

(Certified Mail No. 7014 0150 0002 0389 7854 )

NOT ICE OF RIGHT TO JUDICIAL REVIEW

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

by appeal to the District Court of App eal 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. Stat., and Fla. Birth - Related Neurological

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

1992).