15-003106N Charles W. Wright And Shnea D. Wright, On Behalf Of And As Parents And Natural Guardians Of Cha&Apos;Keem Wright, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, January 7, 2016.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHARLES W. WRIGHT AND SHNEA D.

WRIGHT, on behalf of and as

parents and natural guardians of

CHA'KEEM WRIGHT, a minor,

Petitioners,

vs. Case No. 15 - 3106N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

AS SOCIATION,

Respondent,

and

FELIX BIGAY - RODRIGUEZ, M.D., AND

INDIAN RIVER MEMORIAL HOSPITAL,

d/b/a INDIAN RIVER MEDICAL

CENTER,

Intervenors.

_______________________________/

FINAL ORDER APPROVING STIPULATION FOR EN TRY 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), filed

with the Division of Administrative Hearings on January 5, 2016,

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, Petitioners, Charles W.

Wright and Shnea D. Wright, on behalf of and as parents and

natural guardian s of ChaÓKeem Wri ght , a minor, and Respondent,

the Florida Birth - Related Neurological Injury Compensation

Association (NICA), have agreed that Charles W. Wright and

Sh ne a D. Wright, are the parent s and legal guardian s of ChaÓKeem

Wright ( ChaÓKeem ), a minor; that ChaÓKeem w as born a live infant

on or about July 29, 2011 , at Indian River Memorial Hospital,

d/b/a Indian River Medical Center , a ÐhospitalÑ as defined by

section 766.302(6) located in Vero Beach , Florida; and that

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

further agreed that Felix Bigay - Rodriguez , M.D., provided

obstetrical services at ChaÓKeemÓs delivery and was a

Ðparticipating physicianÑ in the Florida Birth - Related

Neurological Injury Compensation Plan, as defined by section

766.302(7). T he Parties have agreed that ChaÓKeem 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

ChaÓKeem 's current medical condition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on January 5,

2016 , is hereby approved, and the Parties are directed to comply

with the provisions of the Stipulation and Joint Petition.

2. Petitioner s , Charles W. Wright and Sh ne a D. Wright , on

behalf of and as the parent s and legal guar dian s of ChaÓKeem

Wright , 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 s ; payment of benefits up to and including

the effective date of the Stipulation and Joint Pet ition 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 Brian J. Connelly, Esquire, of Gould

Cooksey Fennell, P.A., attor n ey for Petitioner s , an agreed - upon

attorneyÓs fee of $ 6,000.00 and expenses of $ 2,239.21 , totaling

$ 8,239.21 in full for services rendered in the filing of this

claim.

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

benefit/expenses, and $ 8,239.21 for attorneyÓs fees and costs, the

claims of Petitioner s 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 Hearing s 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 7th day of January , 2016 , 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 7th day of January , 2016 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallah assee, Florida 32308

(eServed)

(Certified Mail No. 7014 2120 0003 1047 4828)

Brian J. Connelly, Esquire

The Law Firm of Could Cooksey Fennell, P.A.

979 Beachland Boulevard

Vero Beach, Florida 32963

(eServed)

(Certified Mail No. 7014 2120 0003 1047 4835)

Reed W. Kellner, Esquire

Adams, Coogler, P.A.

Suite 1600

1555 Palm Beach Lakes Boulevard

West Palm Beach, Florida 33401

(eServed)

(Certified Mail No. 7014 2120 0003 1047 4842)

David W. Black, Esquire

Frank, Weinberg & Black, P.L.

7805 Southwest 6th Court

Plantation, Florida 33324

(eServed)

(Certified Mail No. 7014 2120 0003 1047 4859)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 701 4 2120 0003 1047 4866)

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7014 2120 0003 1047 4873)

NOTICE OF RIGHT TO JUDICIA L 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 proce edings 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 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).