15-000489N Nicole Munshower, On Behalf Of And As Parent And Natural Guardian Of Blayne Michael Robarts Snipes, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, June 8, 2018.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

NICOLE MUNSHOWER, on behalf of

and as parent and natural

guardian of BLAYNE MICHAEL

ROBARTS SNIPES, a minor,

Petitioner,

vs. Case No. 15 - 0489N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent,

and

BAY MEDICAL CENTER SACRED HEART

HEALTH SYSTEM,

Intervenor.

_______________________________/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on for consideration pursuant to s ections

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

w ith the Division of Administrative Hearings on June 30, 2 015 , as

amended on July 1, 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 otherwise available as outlined in chapter

766.

By the terms of their stipulation, Petitioner, Nicole

Munshower, as parent and natural guardian of Blayne Michael

Robarts Snipes , a minor, and Respondent, the Florida Birth -

Related Neurologi cal Injury Compensation Association (NICA), have

agreed that Nicole Munshower is the parent and legal guardian of

Blayne Michael Robarts Snipes ( Blayne ), a minor; that Blayne was

born a live infant on or about June 19, 2013 , at Bay Medical

Center Sacred He art Heath System , a ÐhospitalÑ as defined by

section 766.302(6) located in Panama City , Florida; and that

Blayne Ós birth weight exceeded 2,500 grams. The Parties have

further agreed that Krystal D. VanLowe - Marable, M.D., provided

obstetrical services at B layne 's 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 Blayne 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

Blayne 's injuries .

It is ORDERED:

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

2015 , as amended on July 1, 2015, is hereby approved, and the

Parties are directed to comply with the provisions of the

Stipulation and Joint Petition.

2. Petitioner, Nicole Munshower , as the parent and legal

guardian of Blayne Michael Robarts Snipes , a minor, is awarded one

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

766.31(1)(b )1., to be 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 Pe tition; and payments of future expenses as incurred.

3. NICA will reimburse Vanessa L. Brice , Esquire, attorney

for Petitioner, an agreed upon attorneyÓs fee of $ 2,500.00 and

expenses of $ 500.00 , totaling $ 3,000.00 in full for services

rendered in the fil ing of this claim.

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

benefit/expenses, and $ 3,000.00 for attorneyÓs fees and costs, the

claims of Petitioner shall be deemed fully satisfied and

extinguished, except for Respondent's continuing obligatio n 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.

DON E AND ORDERED this 7th 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, Flor ida 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 7th day of July , 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 1047 9656)

Nicole Munshower

3116 Debra Boulevard

Panama City, Florida 32405

(Certified M ail No. 7014 2120 0003 1048 1796)

Brian L. Smith, Esquire

Hill, Adams, Hall & Schieffelin, P.A.

Post Office Box 1090

Winter Park, Florida 32790 - 1090

(eServed)

(Certified Mail No. 7014 2120 0003 1048 1802)

Vanessa L. Brice, Esquire

Colling Gilbert Wrig ht & Carter

801 North Orange Avenue , Suite 830

Orlando, Florida 32801

(eServed)

(Certified Mail No. 7014 2120 0003 1048 1819)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Flori da 32399 - 3275

(Certified Mail No. 7014 2120 0003 1048 1826)

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 1048 1833)

Krystal D. Vanlowe - Marable, M.D.

25 Doctors Drive

Panama City, Florida 32405

(Certified Mail No. 7014 2120 0003 1048 1840)

NOTICE OF RIGHT TO JUDICIAL REVIEW

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

by appeal to the District Co urt 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 notice of administrative appeal

with the a gency c lerk of th e 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. Bir th - Related Neurological

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

1992).