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15-002044N Leanne Lewis And Cody Yarbrough, Individually And As Parents And Next Friends Of Brady Yarbrough, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association
 Status: Closed
DOAH Final Order on Friday, October 13, 2017.

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

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8LEANNE LEWIS and CODY YARBROUGH,

13individually and as parents and

18next friends of BRADY YARBROUGH,

23a minor,

25Petitioners,

26vs. Case No. 15 - 2044N

32FLORIDA BIRTH - RELATED

36NEUROLOGICAL INJURY COMPENSATION

39ASSOCIATION,

40Respondent,

41and

42ORANGE PARK MEDICAL CENTER,

46INC., d/b/a ORANGE PARK MEDICAL

51CENTER,

52Intervenor.

53_______________________________/

54FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

62This cause came on for conside ration pursuant to sections

72766.304 and 766.305(7), Florida Statutes, upon the Stipulation

80and Joint Petition for Compensation of Claim Arising Out of

90Florida Birth - Related Neurological Injury Pursuant to Chapter

99766, Florida Statutes (Stipulation and Join t Petition), filed

108with the Division of Administrative Hearings on November 9, 2015,

118for the entry of an order approving the resolution of a claim for

131compensation benefits filed in accordance with the provisions of

140chapter 766 and a resolution of the excl usive remedy otherwise

151available as outlined in chapter 766.

157By the terms of their stipulation, Petitioners, Leanne Lewis

166and Cody Yarbrough, as parents and natural guardians of Brady

176Yarbrough, a minor, and Respondent, the Florida Birth - Related

186Neurologic al Injury Compensation Association (NICA), have agreed

194that Leanne Lewis and Cody Yarbrough are the parents and legal

205guardians of Brady Yarbrough (Brady), a minor; that Brady was

215born a live infant on or about May 21, 2014, at Orange Park

228Medical Center, a ÐhospitalÑ as defined by section 766.302(6) ,

237located in Orange Park, Florida; and that BradyÓs birth weight

247exceeded 2,500 grams. The Parties have further agreed that

257David Hyler, M.D., provided obstetrical services at Brady's

265delivery and was a Ðpartic ipating physicianÑ in the Florida

275Birth - Related Neurological Injury Compensation Plan, as defined

284by section 766.302(7). The Parties have agreed that Brady

293suffered a Ðbirth - related neurological injury,Ñ as that term is

305defined by section 766.302(2), whic h was the sole and proximate

316cause of Brady's permanent and substantial mental and physical

325impairments.

326It is ORDERED:

3291. The Stipulation and Joint Petition filed on November 9,

3392015, is hereby approved, and the Parties are directed to comply

350with the pr ovisions of the Stipulation and Joint Petition.

3602. Petitioners, Leanne Lewis and Cody Yarbrough, as the

369parents and legal guardians of Brady Yarbrough, a minor, are

379awarded one hundred thousand dollars ($100,000.00), pursuant to

388section 766.31(1)(b)1., to be paid as lump sum to the parents;

399payment of benefits up to and including the effective date of the

411Stipulation and Joint Petition pursuant to section 766.31(1)(a),

419subject to the provisions of paragraph 19 of the Stipulation and

430Joint Petition; and pay ments of future expenses, as incurred.

4403. NICA will reimburse McMillen Law Firm, attorney for

449Petitioners, an agreed - upon attorneyÓs fee of $10,000.00 and

460expenses of $1,020.14, totaling $11,020.14 in full for services

471rendered in the filing of this claim .

4794. Upon the payment of the award of $100,000.00, past

490benefit/expenses, and $11,020.14 for attorneyÓs fees and costs,

499the claims of Petitioners shall be deemed fully satisfied and

509extinguished, except for Respondent's continuing obligation under

516section 766.31(2) to pay future expenses, as incurred.

5245. The Division of Administrative Hearings retains

531jurisdiction over this matter to resolve any disputes, should they

541arise, regarding the PartiesÓ compliance with the terms of this

551Order.

552DONE AND ORDERED this 12th day of November , 2015 , in

562Tallahassee, Leon County, Florida.

566S

567BARBARA J. STAROS

570Administrative Law Judge

573Division of Administrative Hearings

577The DeSoto Building

5801230 Apalachee Parkway

583Tallahassee, Florida 3239 9 - 3060

589(850) 488 - 9675

593Fax Filing (850) 921 - 6847

599www.doah.state.fl.us

600Filed with the Clerk of the

606Division of Administrative Hearings

610this 12th day of November , 2015 .

617COPIES FURNISHED:

619(via certified mail)

622Kenney Shipley, Executive Director

626Florida Birt h Related Neurological

631Injury Compensation Association

6342360 Christopher Place, Suite 1

639Tallahassee, Florida 32308

642(eServed)

643(Certified Mail No. 7014 2120 0000 0359 2730)

651Allison C. McMillen, Esquire

655McMillen Law Firm, P.A.

659608 East Central Boulevard

663Or lando, Florida 32801

667(eServed)

668(Certified Mail No. 7014 2120 0000 0359 2747)

676Travase Lloyd Erickson, Esquire

680Saalfield, Shad, Stokes, Inclan,

684Stoudemire and Stone, P.A.

688245 Riverside Avenue , Suite 400

693Jacksonville, Florida 32202

696(eServed)

697(Certified M ail No. 7014 2120 0000 0359 2754)

706Amie Rice, Investigation Manager

710Consumer Services Unit

713Department of Health

7164052 Bald Cypress Way, Bin C - 75

724Tallahassee, Florida 32399 - 3275

729(Certified Mail No. 7014 2120 0000 0359 2761)

737Elizabeth Dudek, Secretary

740Healt h Quality Assurance

744Agency for Health Care Administration

7492727 Mahan Drive, Mail Stop 1

755Tallahassee, Florida 32308

758(eServed)

759(Certified Mail No. 7014 2120 0000 0359 2778)

767David F. Hyler, II, M.D.

7721560 Kinglsey Avenue, Suite 4

777Orange Park, Florida 32073

781(Certified Mail No. 7014 2120 0000 0359 2785)

789NOTICE OF RIGHT TO JUDICIAL REVIEW

795Review of a final order of an administrative law judge shall be

807by appeal to the District Court of Appeal pursuant to section

818766.311(1), Florida Statutes. Review proceed ings are governed by

827the Florida Rules of Appellate Procedure. Such proceedings are

836commenced by filing the original notice of administrative appeal

845with the a gency c lerk of the Division of Administrative Hearings

857within 30 days of rendition of the order to be reviewed, and a

870copy, accompanied by filing fees prescribed by law, with the

880clerk of the appropriate District Court of Appeal. See

889§ 766.311(1), Fla. Stat., and Fla. Birth - Related Neurological

899Injury Comp. Ass'n v. Carreras , 598 So. 2d 299 (Fla. 1s t DCA

9121992).

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 10/19/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 10/18/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 10/16/2017
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 10/13/2017
Proceedings: Second DOAH FO
PDF:
Date: 10/13/2017
Proceedings: Final Order Approving Stipulation. CASE CLOSED.
PDF:
Date: 10/12/2017
Proceedings: Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling filed.
PDF:
Date: 11/20/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 11/19/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 11/18/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 11/17/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 11/12/2015
Proceedings: DOAH Final Order
PDF:
Date: 11/12/2015
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 11/12/2015
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 11/12/2015
Proceedings: Final Order Approving Stipulation for Entry of Award. CASE CLOSED.
PDF:
Date: 11/09/2015
Proceedings: Notice of Filing Stipulation and Joint Petition filed.
PDF:
Date: 10/22/2015
Proceedings: Orange Park Medical Center., d/b/a Orange Park Medical Center's Notice that it Does Not Oppose the Petitioners' Election to Accept the Benefits Offered by NICA filed.
PDF:
Date: 10/13/2015
Proceedings: Letter from K. Shipley to A. McMillen filed.
PDF:
Date: 10/08/2015
Proceedings: Order Granting Extension of Time.
PDF:
Date: 10/07/2015
Proceedings: (Respondent's) Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 06/03/2015
Proceedings: Order Granting Extension of Time.
PDF:
Date: 06/02/2015
Proceedings: (Respondent's) Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 05/27/2015
Proceedings: Order (Motion to accept K. Shipley as qualified representative granted).
PDF:
Date: 05/14/2015
Proceedings: Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed.
PDF:
Date: 04/29/2015
Proceedings: Order (on application to permit depositions and application to permit discovery).
PDF:
Date: 04/29/2015
Proceedings: Order Granting Petition to Intervene.
PDF:
Date: 04/22/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 04/21/2015
Proceedings: Orange Park Medical Center., d/b/a Orange Park Medical Center's Application to Permit Depositions filed.
PDF:
Date: 04/21/2015
Proceedings: Orange Park Medical Center, Inc., d/b/a Orange Park Medical Center's Application to Permit Discovery filed.
PDF:
Date: 04/21/2015
Proceedings: Orange Park Medical Center, Inc., d/b/a Orange Park Medical Center's Petition for Leave to Intervene filed.
PDF:
Date: 04/21/2015
Proceedings: Notice of Appearance (Travase Erickson) filed.
PDF:
Date: 04/20/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 04/16/2015
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 04/16/2015
Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
PDF:
Date: 04/13/2015
Proceedings: Initial Order.
Date: 04/13/2015
Proceedings: Letter to Claudia Llado from Allison McMillen enclosing NICA filing fee $15.00: Check No. 5766 filed (not available for viewing).
PDF:
Date: 04/10/2015
Proceedings: Petition for Determination of NICA Coverage filed.

Case Information

Judge:
BARBARA J. STAROS
Date Filed:
04/13/2015
Date Assignment:
04/16/2015
Last Docket Entry:
10/19/2017
Location:
Starke, Florida
District:
Northern
Agency:
Florida Birth-Related Neurological Injury Compensation Associati
Suffix:
N
 

Counsels

Related Florida Statute(s) (5):