14-003929N Miakala Martin And Robert Martin, On Behalf Of And As Parents And Natural Guardians Of Kaleb Dickerson, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, March 31, 2015.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MIAKALA MARTIN, on behalf of and

as parent and natural guardian

of KALEB DICKERSON, a minor,

Petitioner,

vs.

Case No. 14 - 3929N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Responden t,

and

ORANGE PARK MEDICAL CENTER,

INC., d/b/a ORANGE PARK MEDICAL

CENTER,

Intervenor.

_______________________________/

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 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), fi led

with the Division of Administrative Hearings on March 26, 2015 ,

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 othe rwise

available as outlined in chapter 766.

By the terms of their stipulation, Petitioner, Miakala

Martin, as parent and natural guardian of Kaleb Dickerson , a

minor ; Respondent, the Florida Birth - Related Neurological Injury

Compensation Association (NICA) ; and Orange Park Medical Center,

Inc., d/b/a Orange Park Medical Center , have agreed that Miakala

Martin is the parent and legal guardian of Kaleb Dickerson

( Kaleb ), a minor; that Kaleb was born a live infant on or about

January 7, 2014 , at Orange Park Me dical Center , a ÐhospitalÑ as

defined by section 766.302(6) located in Orange Park , Florida;

and that Kaleb Ós birth weight exceeded 2,500 grams. The Parties

have further agreed that LaRae Coleman Brown , M.D., provided

obstetrical services at Kaleb 's deliv ery 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 Kaleb suffered a Ðbirth - related neurological

injury,Ñ as that term is defined by sec tion 766.302(2), which was

the sole and proximate cause of Kaleb 's permanent and substantial

mental and physical impairments.

It is ORDERED:

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

2015 , is hereby approved, and the Parties are directed to comply

with the provisions of the Stipulation and Joint Petition.

2. Petitioner, Miakala Martin , as the parent and legal

guardian of Kaleb Dickerson , a minor, is awarded one hundred

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

766.31(1)(b)1., to b e paid as periodic payments to the parent;

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 19 of the Stipulation and

Joint Petition; a nd payments of future expenses as incurred.

3. NICA will reimburse David R. Best , Esquire, attorney for

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

expenses of $ 502.26 , totaling $ 10,502.26 in full for services

rendered in the filing of thi s claim.

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

benefit/expenses, and $ 10,502.26 for attorneyÓs fees and costs,

the claims of Petitioner shall be deemed fully satisfied and

extinguished, except for Respondent's continuing obligation under

s ection 766.31(2) to pay future expenses as incurred.

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 ORD ERED this 31st day of March , 2015 , in

Tallahassee, Leon County, Florida.

S

BARBARA J. STAROS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32 399 - 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 31st day of March , 2015 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7014 2120 0003 1053 1309)

David Ryan Best, Esquire

Best Law Firm Florida, P.A.

Post Office Box 3306

Orlando, Florida 32802

(eServed)

(Certified Mail No. 7014 2120 0003 1053 1316)

Travase Lloyd Erickson, Esquire

Saalfield, Shad, Stokes, Inclan,

Stoudemire and Stone, P.A.

245 Riverside Avenue , Suite 400

Jacksonville, Florida 32202

(eServed)

(Certified Mail No. 7014 2120 0003 1053 1323)

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 1053 1330)

Elizabeth Dudek, Secretary

Health Quali ty Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7014 2120 0003 1053 1347)

LaRae Coleman Brown, M.D.

2627 Riverside Avenue

Jacksonville, Florida 32204

(Certified Mail No. 701 4 2120 0003 1053 1354)

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

th e 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

c opy, 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).