15-003761N Jonathan And Charity Butler, On Behalf Of And As Parents And Natural Guardians Of Grit Butler, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, September 22, 2017.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JONATHAN AND CHARITY BUTLER, on

behalf of and as parents and

natural guardians of GRIT

BUTLER, a minor,

Petitioners,

vs. Case No. 15 - 3761N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent,

and

GULF COAST REGIONAL MEDICAL

CENTER, TONI PENNINGTON, M.D.,

AND EMERALD COAST OB/GYN,

Intervenors.

_______________________________/

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 (Stipu lation and Joint Petition), filed

with the Division of Administrative Hearings on November 9, 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 resolut ion of the exclusive remedy otherwise

available as outlined in chapter 766.

By the terms of their stipulation, Petitioner s , Jonathan and

Charity Butler , as parent s and natural guardian s of Grit Butler ,

a minor, and Respondent, the Florida Birth - Related Neu rological

Injury Compensation Association (NICA), have agreed that Jonathan

and Charity Butler are the parent s and legal guardian s of

Grit Butler ( Grit ), a minor; that Grit was born a live infant on

or about December 3, 2014, at Gulf Coast Regional Medical Center ,

a ÐhospitalÑ as defined by section 766.302(6) , located in Panama

City , Florida; and that Grit Ós birth weight exceeded 2,500 grams.

The Parties have further agreed that Toni Pennington , M.D.,

provided obstetrical services at Toni 's delivery and wa s a

Ðparticipating physicianÑ in the Florida Birth - Related

Neurological Injury Compensation Plan, as defined by section

766.302(7). The Parties have agreed that Grit suffered a Ðbirth -

related neurological injury,Ñ as that term is defined by section

766.30 2(2), which was the sole and proximate cause of Grit 's

current medical condition.

It is ORDERED:

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

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

with the provisions of the Stipula tion and Joint Petition.

2. Petitioner s , Jonathan and Charity Butler , as the parent s

and legal guardian s of Grit Butler , a minor, are awarded one

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

766.31(1)(b)1., to be paid as periodic payments t o the parent s ;

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

Stipulation and Joint 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 expens es, as incurred.

3 . Upon the payment of the award of $100,000.00 and past

benefit/expenses, 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 exp enses, as

incurred.

4 . 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 12th day of November , 2 015 , 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 Fi ling (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 12th day of November , 2015 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Inj ury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7014 2120 0000 0359 2792)

Charity Butler

Jonathan Butler

5320 Bright Meadows Road

Milton, Florida 32570

(Certified Mail No. 7014 2120 0 000 0359 2808)

David P. Ferrainolo, Esquire

Hall Prangel & Schoonveld, LLC

4532 West Kennedy Boulevard , Suite 301

Tampa, Florida 33609

(eServed)

(Certified Mail No. 7014 2120 0000 0359 2815)

Josh Bloom, Esquire

Lubell Rosen

200 South Andrews Avenue , Su ite 900

Fort Lauderdale, Florida 33301

(eServed)

(Certified Mail No. 7014 2120 0000 0359 2822)

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 0000 0359 2839)

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 0000 0359 2846)

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

the Florida Rules of Appellate Procedure. Suc h 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 fees prescribed b y 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).