14-001980N Giovanni Pillonato, A Minor, By And Through His Parents And Next Best Friends, Betsy Pinto And Dustin Pillonato, Individually vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, June 24, 2015.

Summary: Physician provided notice as required by statute; hospital failed to provide notice as required by statute.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GIOVANNI PILLONATO, a minor, by

and through his parents and next

best friends, BETSY PINTO AND

DUSTIN PILLONATO, individually,

Petitioners,

vs. Case No. 14 - 1980N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPEN SATION

ASSOCIATION,

Respondent,

and

WELLINGTON REGIONAL MEDICAL

CENTER, JULIE PASS, M.D., AND

OB/GYN SPECIALISTS OF THE PALM

BEACHES, P.A.,

Intervenor s .

_______________________________/

FINAL ORDER ON NOTIC E

Pursu ant to notice, a final hearing on the issue of notice

was held in this case on April 9 , 201 5 , via video teleconference

with sites in Key West and Tallahassee , Florida, before

Barbara J. Staros , an Administrative Law Judge of the Division of

Administrative Hearings (DOAH).

APPEARANCES

For Petitioners: Darla L. Keen, Esquire

Lytal, Reiter, Smith, Ivey & Fronrath

515 North Flagler Drive, 10th Floor

West Palm Beach, Florida 33401

For Respo ndent: David W. Black, Esquire

Frank, Weinberg and Black, P.L.

7805 Southwest 6th Court

Plantation, Florida 33324

For Intervenor Wellington Regional Medical Center:

Jeffery L. Blostein, Esquire

The Law Office of Jay Cohen, P.A.

100 Southeast Third Avenue, Suite 1500

Fort Lauderdale, Florida 33394

For Intervenors Julie Pass, M.D., and OB/GYN S pecialists of

the Palm Beaches, P.A.:

Josh Bloom, Esquire

Lubell Rosen

200 South Andrews Avenue, Suite 900

Fort Lauderdale, Florida 33301

STATEMENT OF THE ISSUES

The issues in this case are whether Julie Pass , M.D. , and

OB/GYN Specialists of the Palm Beaches, P.A. , and Wellington

Regional Medical Center provided appropriate notice as required

by section 766.316, Florida Statutes .

PRELIMINARY STATEMENT

On April 25 , 201 4 , Petitioner, Giovanni Pillonato

(Giovanni), a minor, by and through his parents and next best

friends, Betsy Pinto and Dust i n Pillonato, filed a Petition Under

Protest for Determination of Eligibility for NICA Benefits

Pursuant to Florida Statute S ection 766.301 (Petition) with DOAH.

The Petition provided that Julie C. Pass , M.D., w as the

physician providing obstetric services at the birth of Giovanni,

who was born at Wellington Regional Medical Center ( Wellington

Regional). DOAH served the Birth - Related Neurological Injury

Compensation Association (Association or NICA ) with a copy of the

Petition on M ay 2, 2014 . On May 7 , 2014, DOAH received a return

receipt from the United States Postal Service showing that

Dr. Julie C. Pass had been served wit h a cop y of the Petition .

On May 9, 2014, DOAH received a return receipt from the United

States Postal Service showing that Wellington Regional Medical

Center had been served with a copy of the Petition.

On Ma y 1, 201 4 , Wellington Regional filed a Petit ion to

Intervene, which was granted by Order dated Ma y 15, 2014 . On

October 7 , 201 4 , Dr. Pass and OB/GYN Specialists of the Palm

Beaches, P.A., filed a Petition to Intervene, which was granted

by Order dated October 15 , 201 4 .

On October 13 , 201 4 , Resp ondent filed a Motion for Summary

Final Order, alleging that Giovanni sustained a birth - related

neurological injury as defined in section 766.302(2), Florida

Statutes. On October 31 , 201 4 , a Partial Summary Final Order on

Compensability was entered, findi ng that Giovanni sustained a

birth - related neurological injury, which is compensable under the

Florida Birth - Related Neurological Injury Compensation Plan

(Plan). Jurisdiction was retained on the issues of notice and

award.

At the final hearing, Petitione rs presented the testimony of

Betsy Pinto. The testimony of Arlene Morea, Hawley Campbell,

Ann Roth, R.N., and Julie Pass, M.D., were presented by

deposition . Joint Exhibits 1 through 17, which include these

deposition transcripts, were admitted into evi dence.

Neither Respondent nor Intervenors presented any live

witnesses.

The Transcript of the final hearing was filed on April 3 0 ,

201 5 . Petitioners filed a Motion for Extension of Time in Which

to File Findings of Fact and Conclusions of Law, which was

granted by Order dated April 30, 2015. Petitioners and

Intervenors timely filed their Proposed Final Order s on Ma y 1 8 ,

201 5, which have been considered in the preparation of this Final

Order on Notice. Respondent did not file a proposed final order.

F INDINGS OF FACT

1. On June 16, 2011, Betsy Pinto, who is the mother of

Giovanni Pillonato, first presented to OB/GYN Specialists of the

Palm Beaches at their Boynton Beach Office for her initial

prenatal visit. She went to the front desk where she was ha nded

a clipboard and some documents to review and to fill out. One of

the documents handed to Ms. Pinto was a form entitled, ÐOB/GYN

Specialists of the Palm Beaches Routine Obstetrical Laboratory

Studies/Information and Consents . Ñ Ms. Pinto filled out th ese

papers in the reception area and then was taken to a patient room

with a nurse to review the forms with her.

2. Ann Roth is a licensed LPN who works for OB/GYN

Specialists. She has been employed with OB/GYN Specialists for

17 years. She was the nurs e who brought Ms. Pinto back to review

the forms with her. She then reviewed the forms with Ms. Pinto,

and signed the form as a witness to Ms. PintoÓs signature.

3. According to Ms. Roth, the NICA brochure, which informs

patients about the NICA program, is and was always included in

the initial documents handed to a patient upon the initial visit,

along with an information and consent form (acknowledgement

form), which includes acknowledg e ment of receipt of the NICA

brochure.

4 . The consent form consis ts of one page and contains

information regarding routine laboratory testing at different

times in a patientÓs pregnancy. The form identifies tests to be

administered in four segments: Initial labs; 16 - 19 weeks labs;

28 - 32 weeks labs; and 36 week labs. Following the paragraphs

enumerated above, and approximately halfway down the page, the

form contains the following:

You should receive a pamphlet at the time of

your first visit explaining in further

detail:

1. AFP testing

2. Cystic fibrosis test ing

3. Serum Integrated Screen Nuchal

Translucency

4. NICA participation brochure.

I acknowledge receipt of the pamphlets and

agree to all testing. I have been informed

that the doctors in this practice participate

in the Florida Birth - Rela ted Neurological

Compensation Association (NICA) program,

wherein certain limited compensation is

available in the event certain neurological

injury may occur during labor, delivery or

resuscitation. For specifics on the program,

I understand I can contac t NICA directly at

the address or phone number listed in the

brochure that I have received today.

(emphasis in original) .

M s. Roth signed the acknowledg e ment form executed by Ms. Pinto,

indicating that Ms. Roth witnessed Ms. Pinto signing the

acknowledg e m ent form. The date appearing below their signatures

is June 16, 2011.

5. It was Ms. RothÓs practice to then answer any questions

the new patient might have regarding the papers the patient

received. Ms. Roth did not recall whether Ms. Pinto had any

que stions or specifically what she discussed with Ms. Pinto that

day in 2011, which was approximately four years prior to her

deposition testimony.

6. Initials appear in the margin to the immediate right of

the bolded language regarding NICA on the form sign ed by

Ms. Pinto and Ms. Roth. According to Ms. Roth, these initials

were made by Dr. Debra Balliram, the obstetrician who saw

Ms. Pinto on her first prenatal visits.

7. Dr. Julie Pass is an obstetrician who has been employed

by OB/GYN Specialists since A ugust 2000, and who works in the

Wellington, Florida , office. Dr. Pass described the normal

procedure used in the Wellington office when a new patient

presented there. The new patient was given a clipboard of papers

to fill out which included the acknowl edg e ment form, at the front

desk. The patient would then come into the room after she had

reviewed everything. At that point, the patient was asked if

they had any questions about anything she received and whether

she received the NICA pamphlet. Once a patient indicated that

she had, the nurse would witness the acknowledg e ment. According

to Dr. Pass, the doctor would then initial the form.

8. On August 18, 2011, Ms. Pinto presented to the

Wellington, Florida , office of OB/GYN. Ms. Pinto recalls

rece iving multiple forms at that visit, meeting with the OB

coordinator and seeing one of the doctors at that visit.

Ms. Pinto signed another acknowledg e ment form which is identical

to the form she signed on June 16, 2011 , in the Boynton Beach

office. The fo rm contains initials in the blank for a witness to

sign, but does not contain initials to the right of the NICA

language. Ms. Roth identified the initials of the person who

witnessed Ms. Pinto's signature as those of Jennifer Kirkbride,

the OB / GYN coord inator at the Wellington office.

9. Despite her signature on the acknowledg e ment forms dated

June 16 and August 18, 2011, Ms. Pinto insists she did not

receive a NICA brochure on those dates and that no one mentioned

the word NICA to her. According to M s. Pinto, she read the top

part of the form regarding labs but did not read the bottom part

because she was concerned about the labs and medical conditions

contained in the earlier paragraphs. Ms. Pinto acknowledges that

she had an opportunity to read the entire form and the

opportunity to ask questions on those dates.

10. The routine practice described by Ms. Roth regarding

OB/GYNÓs practice of providing NICA information to new patients

was substantially consistent with that of Dr. Pass. Considering

th at the forms were signed on two occasions by Ms. Pinto in

conjunction with the testimony of both Ms. Roth and Dr. Pass as

to the routine practice regarding giving the NICA brochure along

with the acknowledg e ment form to new patients, the greater weight

of the evidence demonstrates that more likely than not,

Dr. PassÓs office provided the NICA brochure to Ms. Pinto on both

June 16 and August 18, 2011, the dates that she signed the form s

acknowledging receipt of the NICA brochure.

11 . On May 31 , 20 11 , Ms. P into presented to Wellington

Regional Medical Center (Wellington Regional) . She was noted to

be pregnant and was treated for nausea and vomiting in the

emergency room.

12 . During Ms. Pinto Ós visit to Wellington Regional on

May 31 , 20 11 , the hospital di d not provide her with notice

concerning the Plan. At hearing, Ms. Pinto acknowledged that in

May of 2011, she had no plan to deliver at Wellington Regional.

13 . On October 10 , 201 1 , Ms. Pinto returned to Wellington

Regional with a complaint of abdominal cramping. She was seen in

the emergency room where she was hooked up to a fetal monitor and

received a labor check and sonogram . She was 26 weeks 3 days

pregnant according to the sonogram report in her hospital record

dated October 10, 2011.

14. Durin g her hospital visit on October 10, 2011,

Wellington Regional did not provide Ms. Pinto notice concerning

the plan. Ms. Pinto has no recollection of telling anyone at the

hospital of her intention to deliver her baby at Wellington

Regional , nor of anyone at the hospital asking her if she planned

to deliver there.

15. According to Hawley Campbell, a labor and delivery

nurse at Wellington Regional, an obstetrical patient whose

pregnancy is over 20 weeks ' gestation is generally seen in labor

and delivery. T his comports with Dr. PassÓs testimony that after

about 20 weeks ' gestation, her patients generally are seen in

labor and delivery, although where they are seen may depend on

why the patient was being seen at the hospital. In any event,

even if Ms. Pinto had been sent to labor and delivery, the NICA

brochure and acknowledgement form would not have been given to

her at that time. According to Ms. Campbell, it is hospital

policy to give the NICA forms to obstetric patients if they are

admitted for a 23 - hour observation or as a n inpatient unless they

had previously signed the form during pre - admission. This

comports with the testimony of Arlene Morea, patient access

director for the hospital, who testified that hospital policy is

to give pregnant patients th e NICA forms when they are inpatient,

not to outpatients treated in the ER.

16. According to Ms. Morea, it would be possible but not

practical to give NICA notice to all of the ER patients who are

pregnant, as many do not ultimately deliver at Welling ton

Regional . Ms. Morea noted that the registrars in the ER are not

clinical and are not always aware of who is pregnant and who is

not. The NICA forms are given by the hospital in three

scenarios. First, a pregnant patient who takes a tour of the

hospi tal is given a copy of the preregistration packet which

includes the NICA form s . Second, a pregnant patient who

preregisters is given the NICA forms which would be signed with

the admitting clerk. Third, the NICA forms are given to the

patient when she a rrives at the hospital for delivery.

17. On December 1, 2011, Ms. Pinto went to an outpatient

facility of Wellington Regional to have a left lower extremity

Doppler venous ultrasound performed because of calf cramps. She

did not tell anyone at this outp atient facility that she planned

to deliver at the main Wellington Regional nor did she receive

any NICA forms.

18. Ms. Pinto was aware of the option of preregistration,

but did not do so. Ms. Pinto also did not take a tour of the

labor and delivery d epartment prior to her delivery .

19. On the afternoon of January 7, 201 2 , Ms. Pinto

presented to the labor and delivery in labor and having

contractions. Ms. Campbell provided the NICA brochure and

acknowledg e ment form to Ms. Pinto within 20 minutes of

M s. PintoÓs admission to labor and delivery. According to

Ms. Pinto, she was in a hospital bed and already hooked up to a

fetal monitoring machine at the time she was presented with a

form to sign.

20. Ms. Pinto signed a form entitled Receipt of Notice to

Obstetric Patient, which read as follows:

RECEIPT OF NOTICE TO OBSTETRIC PATIENT

I have been furnished information in the form

of a Brochure prepared by the Florida Birth -

Related Neurological Injury Compensation

Association (NICA), pursuant to Section

7 66.316, Florida Statutes, by Wellington

Regional Medical Center, wherein certain

limited compensation is available in the

event certain types of qualifying

neurological injuries may occur during labor,

delivery or resuscitation in a hospital. For

specific s on the program, I understand I can

contact the Florida Birth - Related

Neurological Injury Compensation Association,

Post Office Box 14567, Tallahassee, Florida

32317 - 4567, (850) 398 - 2129 .

I specifically acknowledge that I have

received a copy of the Bro chure prepared by

NICA.

21 . Ms. Pinto signed the NICA acknowledg e ment form and

Ms. Campbell witnessed Ms. PintoÓs signature. Ms. Campbell

gave Ms. Pinto the NICA brochure and testified that it is her

normal practice to give the NICA brochure to every pa tient who

signs a NICA acknowledg e ment form. Ms. Pinto was given an

opportunity to read the form before signing it and had an

opportunity to ask questions about the content of the form if she

wanted to do so. In any event, Ms. PintoÓs signature was dated

January 7, 2012, the day before her babyÓs delivery date.

Giovanni was born the next morning, on January 8, 2012.

22. Despite her signature appearing on the acknowledg e ment

form, Ms. Pinto denies receiving a NICA brochure at the hospital.

Upon considera tion of the signed acknowledg e ment form along with

the testimony of Ms. Campbell regarding her routine practice of

always giving a NICA brochure to the patient with the NICA

acknowledgement form, the greater weight of the evidence

established that more lik ely than not, Wellington Regional

provided the NICA brochure to Ms. Pinto on January 7, 2012, when

she signed the acknowledg e ment form.

CONCLUSIONS OF LAW

2 3 . The Division of Administrative Hearings has

jurisdiction over the parties to and the subjec t matter of this

proceeding. §§ 766.301 - 766.316, Fla. Stat. (2012).

2 4 . The only issue that was to be determined in the final

hearing is whether notice was provided pursuant to section

766.316, which provides:

Each hospital with a participating physician

on its staff and each participating

physician, other than residents, assistant

residents, and interns deemed to be

participating physicians under

s. 766.314(4)(c), under the Florida Birth -

Related Neurological Injury Compensation Plan

shall provide notice to the obstetrical

patients as to the limited no - fault

alternative for birth - related neurological

injuries. Such notice shall be provided on

forms furnished by the association and shall

include a clear and concise explanation of a

patientÓs rights and lim itations under the

plan. The hospital or the participating

physician may elect to have the patient sign

a form acknowledging receipt of the notice

form. Signature of the patient acknowledging

receipt of the notice form raises a

rebuttable presumption tha t the notice

requirements of this section have been met.

Notice need not be given to a patient when

the patient has an emergency medical

condition as defined in s. 395.002(8)(b) or

when notice is not practicable.

2 5 . Section 395.002(8)(b) defines "emerg ency medical

condition" as follows:

(8) "Emergency medical condition" means:

* * *

(b) With respect to a pregnant woman:

1. That there is inadequate time to effect

safe transfer to another hospital prior to

delivery;

2. That a transfer may pose a threat to the

health and safety of the patient or fetus; or

3. There is evidence of the onset and

persistence of uterine contractions or

rupture of the membranes.

2 6 . Section 766.309(1)(d) provides:

(1) The administrative law judge shall make

the following determination based upon all

available evidence:

* * *

(d) Whether if raised by the claimant or

other party, the factual determinations

regarding the notice requirements in

s. 766.316 are satisfied. The administrative

law judge ha s the exclusive jurisdiction to

make these factual determinations.

2 7 . Ms. Pinto signed two acknowledgement forms stating that

her physicians had provided her with a brochure prepared by NICA.

She also signed an acknowledgement form that she received a N ICA

brochure from Wellington Regional. Her signature on these forms

raises a rebuttable presumption that the notice requirements of

section 766.316 have been met. Ms. Pinto contends that she did

not receive the NICA brochure from OB/GYN Specialists or fr om

Wellington Regional pursuant to section 766.316. Intervenors ,

Dr. Pass and OB/GYN Specialists , and Wellington Regional, contend

that sufficient notice was pr ovided pursuant to section 766.3 16.

As the proponent s of the proposition that appropriate noti ce was

given or that notice was not required, the burden on the issue of

notice is upon the Intervenors. Tabb v. Fla. Birth - Related

Neurological Injury Comp. Ass'n. , 880 So. 2d 1253, 1257 (Fla. 1st

DCA 2004).

2 8 . Petitioner s also contend that the acknow ledg e ment form

used by OB/GYN Specialists does not meet the requirements of

766.316, in that the form used was not furnished by NICA.

Petitioner s misread section 766.316. The clear language of the

statute states that the notice shall be provided on forms

furnished by the A ssociation. This sentence refers to the notice

document (the brochure) not any acknowledg e ment document.

Moreover, the statute states that Ðthe hospital or participating

physician may elect to have the patient sign a form acknowledging

receipt of the notice form.Ñ Thus, the use of an acknowledg e ment

form is permissive, not mandatory, and is not required to be on a

form supplied by NICA. The NICA language in the consent form was

clearly in bold type, slightly above the signature line, and was

given to her twice. Ms. Pinto had the opportunity to ask

questions after receiving and signing the acknowledg e ment form on

two occasions and had two months in between her appointments to

read the document given to her in June 2011. Ms. PintoÓs

de meanor at hearing was that of an intelligent, articulate woman

who obtained her nursing degree subsequent to the birth of her

son. Her failure to read the entire form, on two occasions, does

not demonstrate that the acknowledg e ment form was insufficient.

Moreover, there is no requirement for a physician to initial the

patientÓs acknowledgement, and the lack of a physician Ós initials

on the August 18, 2011, acknowledgement form, which was signed by

Ms. Pinto and witnessed, does not make that form insufficie nt.

29 . The greater weight of the evidence establishes that

Dr. Pass and OB/GYN Specialists provided the notice required by

section 766.31 on June 16 , and August 18, 201 1 , and that the

notice was sufficient. Petitioner s have not rebutted the

presumption that notice was provided by Dr. Pass and OB/GYN

Specialists.

30 . The greater weight of the evidenc e establishes that

Ms. Pinto did receive the NICA brochure from Wellington Regional

when she sign ed the acknowledg e ment form dated January 7 , 201 2 .

Section 766.316 provides that a signed acknowledg e ment creates a

rebuttable presumption that notice has been provided, and

Petitioner s have not rebutted the presumption that notice was

provided by the hospital.

31. However, Petitioner s also contend that any noti ce given

to her by Wellington Regional was untimely, and therefore,

insufficient.

32 . In Weeks v. Florida Birth - Related Neurological Injury

Compensation Association , 977 So. 2d 616, 618 - 619 (Fla. 5th DCA

2008), the court stated:

[T]he formation of the pro vider - obstetrical

patient relationship is what triggers the

obligation to furnish the notice. The

determination of when this relationship

commences is a question of fact. Once the

relationship commences, because [section

766.316] is silent on the time pe riod within

which notice must be furnished, under well -

established principles of statutory

construction, the law implies that notice

must be given within a reasonable time.

Burnsed v. Seaboard Coastline R. Co. , 290 So

2d 13, 19 (Fla. 1974); Concerned Citi zens of

Putnam County v. St. Johns River Water Mgmt.

Dist. , 622 So. 2d 520, 523 (Fla. 5th DCA

1993). The determination depends on the

circumstances, but a central consideration

should be whether the patient received the

notice in sufficient time to make a

meaningful choice of whether to select

another provider prior to delivery, which is

the primary purpose of the notice

requirement.

3 3 . Ms. Pinto was given a brochure prepared by the

Association when she presented to Wellington Regional on

January 7 , 201 2 , and she did sign a NICA acknowledg e ment form on

that date. However, at the time she was given the brochure and

signed the acknowledg e ment form, she was in labo r. B y

definition, she had an emergency medical condition.

§ 766.302(8)(b)3 , Fla. Stat . It was too late at that time for

Wellington Regional to give notice pursuant to section 766.316

when it had an opportunit y prior to Ms. Pinto Ós admission on

January 7 , 201 2 , to provide notice.

3 4 . The court in Weeks held:

[T]he NICA notice must be given wi thin a

reasonable time after the provider -

obstetrical relationship begins, unless the

occasion of the commencement of the

relationship involves a patient who presents

in an "emergency medical condition," as

defined by the statute, or unless the

provision o f notice is otherwise "not

practicable." When the patient first becomes

an "obstetrical patient" of the provider and

what constitutes a "reasonable time" are

issues of fact. As a result, conclusions

might vary, even where similar situations are

presented . For this reason, a prudent

provider should furnish the notice at the

first opportunity and err on the side of

caution.

Id. at 619 - 620.

3 5 . Wellington Regional could have provided Ms. Pinto with

notice when she pr esented at the hospital on October 10 , 20 11 ,

but it did not do so. At that time, hospital sta ff w as aware

that Ms. Pinto was pregnant as she presented with obstetrical

issues . She came into the ER at 26 weeks ' gestation with

complaints of cramping, received a labor check, was hooked up to

a f etal monitor, and had a sonogram. The nature of this visit

was obstetrical. It is concluded that the hospital - obstetrical

patient relationship did not begin during her May 31, 2011 , visit

to Wellington Regional, but that the hospital obstetrical patient

relationship was formed between the hospital and Ms. Pinto during

her October 10, 2011 , visit.

3 6 . Ms. Pinto became an obstetrical patient of Wellington

Regional well before her delivery, thus triggering the obligation

to furnish her with the notice wi thin a reasonable time, which

was not excused by the subsequent emergency (presenting in labor

to delivery her baby). Id. at 620.

3 7 . By January 7 , 201 2 , Ms. Pinto did not have sufficient

time to make an informed choice on whether to use a participatin g

health care provider prior to delivery , as s he was in labor . The

hospital had an opportunity to provide notice to Ms. Pinto prior

to her presenting for delivery, but did not do so. Thus, the

notice provided by Wellington Regional Medical Center on

Janu ary 7, 2012 , was insufficient to meet the requirements of

section 766.316.

CONCLUSION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is

ORDERED:

1. Wellington Regional Medical Center failed to provide

notice for the hospital in compli ance with section 766.316.

2. Dr. Pass and OB/GYN Specialists of the Palm Beaches

provided notice in compliance with section 766.316.

It is further ORDERED that the parties are accorded 30 days

from the date of this Order to resolve, subject to approval of

the Administrative Law Judge, the amount and manne r of payment of

an award to Petitioner ; the reasonable expenses incurred in

connection with the filing of the claim, including reasonable

attorney's fees and costs; and the amount owing for expenses

prev iously incurred. If not resolved within such period, the

parties shall so advise the Administrative Law Judge, and a

hearing will be scheduled to resolve such issues. Once resolved,

an award will be made consistent with section 766.31.

It is further ORDE RED that in the event Petitioner files an

election of remedies declining or rejecting NICA benefits, this

case will be dismissed with prejudice and DOAH's file will be

closed.

DONE AND ORDERED this 24th day of June , 2015 , in

Tallahassee, Leon County, Flori da.

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.u s

Filed with the Clerk of the

Division of Administrative Hearings

this 24th day of June , 2015 .

COPIES FURNISHED:

(via certified mail)

Darla L. Keen, Esquire

Lytal, Reiter, Smith, Ivey & Fronrath

515 North Flagler Drive , 10th Floor

West Palm Beach, Fl orida 33401

(eServed)

(Certified Mail No. 70 14 2120 0003 1052 7173)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(eServed)

(Certified M ail No. 7014 2120 0003 1052 7180)

David W. Black, Esquire

Frank, Weinberg and Black, P.L.

7805 Southwest 6th Court

Plantation, Florida 33324

(eServed)

(Certified Mail No. 7014 2120 0003 1052 7197)

Josh Bloom, Esquire

Lubell Rosen

200 South Andrews Avenu e , Suite 900

Fort Lauderdale, Florida 33301

(eServed)

(Certified Mail No. 7014 2120 0003 1052 7203)

Jeffery L. Blostein, Esquire

The Law Office of Jay Cohen, P.A.

100 Southeast Third Avenue , Suite 1500

Fort Lauderdale, Florida 33394

(eServed)

(Certifie d Mail No. 7014 2120 0003 1052 7210)

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 1052 7227)

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 1052 7234)

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 n otice of a dmini strative a ppeal

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).