15-000348N Amber Dudney, Individually And As Parent And Next Friend Of Clark Hudson, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, July 31, 2015.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AMBER DUDNEY, individually and

as parent and next friend of

CLARK HUDSON, a minor,

Petitioner,

vs. Case No. 15 - 0348N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent,

and

H ALIFAX HOSPITAL MEDICAL CENTER,

BRENDA LUCILLE HARRIS - WATSON,

M.D., AND CHRISTINE DASILVA,

M.D.,

Intervenors.

_______________________________/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on for co nsideration 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), filed

with the Division of Administrative Hearings on July 28, 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 ex clusive remedy otherwise

available as outlined in chapter 766.

By the terms of their stipulation, Petitioner, Amber Dudney,

as parent and natural guardian of Clark Hudson , a minor, and

Respondent, the Florida Birth - Related Neurological Injury

Compensation Association (NICA), have agreed that Amber Dudney is

the parent and legal guardian of Clark Hudson ( Clark ), a minor;

that Clark was born a live infant on or about February 11, 2014 ,

at Halifax Medical Center , a ÐhospitalÑ as defined by section

766.302(6) l ocated in Daytona Beach , Florida; and that ClarkÓs

birth weight exceeded 2,500 grams. The Parties have further

agreed that Christine DaSilva, M.D., and Brenda Harris - Watson,

M.D., provided obstetrical services at ClarkÓs delivery and w ere

Ðparticipating physician s Ñ in the Florida Birth - Related

Neurological Injury Compensation Plan, as defined by section

766.302(7). The Parties have agreed that Clark suffered a

Ðbirth - related neurological injury,Ñ as that term is defined by

section 766.302(2), which was t he sole and proximate cause of

ClarkÓs permanent and substantial mental and physical

impairments .

It is ORDERED:

1. The Stipulation and Joint Petition filed on July 28 ,

201 5 , is hereby approved, and the Parties are directed to comply

with the provisions o f the Stipulation and Joint Petition.

2. Petitioner, Amber Dudney , as the parent and legal

guardian of Clark Hudson , a minor, is awarded one hundred thousand

dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be

paid as lump sum 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; and payments

of future expenses as incurred.

3. NICA will reimburse McMillen Law Firm, A Professional

Association , attorney s for Petitioner, an agreed - upon attorneyÓs

fee of $ 10,000.00 and expenses of $ 710.14 , totaling $ 10,710.14 in

full for services rendered in the filing of this claim.

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

benefit/expenses, and $ 10,710.14 for attorneyÓs fees and costs,

the claims of Petitioner shall be deemed fully satisfied and

extinguished, except for Respondent's continuing obligation under

section 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 ORDERED this 31st day of July , 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 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 31st day of July , 2015 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurologica l

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(eServed

(Certified Mail No. 7014 2120 000 0 0359 2587 )

Allison C. McMillen, Esquire

McMillen Law Firm, P.A.

608 East Central Boulevard

Orlando, Florida 32801

(eServed)

(Certified Mail No. 7014 2120 000 0 0359 2594)

Jason O. Brown, Esquire

Cranshaw Brown

481 North U.S. Highway 1

Ormond Beach, Florida 32174

(eServed)

(Certified Mail No. 7014 2120 0000 0359 2617 )

Michael R. D`Lugo, Esquire

Wicker, Smith, O`Hara, McCoy, Ford, P.A.

Post Office Box 2753

Orlando, Florida 32802

(eServed)

(Certified Mail No. 7014 2120 0000 0359 2624 )

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 323 99 - 3275

(Certified Mail No. 7014 2120 0000 0359 2631 )

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 0000 0359 2648 )

NOTIC E 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 P rocedure. 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 fee s 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).