15-006714N Emanie Silver-Nelson, On Behalf Of And As Parent And Natural Guardian Of Edrina B. Nelson, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, March 2, 2016.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

EMANIE SILVER - NELSON, on behalf

of and as parent and natural

guardian of EDRINA B. NELSON, a

minor,

Petitioner,

vs. Case No. 15 - 6714N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Re spondent.

_______________________________/

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 (Stipulation and Joint Petition), filed

with the Division of Administrative Hearings on March 1, 2016,

for the entry of a n 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, Petitio ner, Emanie

Silver - Nelson, as parent and natural guardian of Edrina B.

Nelson, a minor, and Respondent, the Florida Birth - Related

Neurological Injury Compensation Association (NICA), have agreed

that Emanie Silver - Nelson is the parent and legal guardian of

Edrina B. Nelson (Edrina), a minor; that Edrina was born a live

infant on or about November 29, 2013, at Memorial Regional

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

in Hollywood, Florida; and that EdrinaÓs birth weight exceeded

2,500 grams. The Parties have further agreed that Stephen B.

Channey, M.D., provided obstetrical services at Edrina'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 Edrina 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

Edrina's injury.

It is ORDERED:

1. The Stipulation and Joint Petition filed on March 1,

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

with the provisions of the Stipulation and Joint Petition.

2. Petitioner, Emanie Silver - Nelson, as the parent and legal

guardian of Edrina B. Nelson, a minor, is awarded one hund red

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

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

subjec t to the provisions of paragraph 19 of the Stipulation and

Joint Petition; and payments of future expenses, as incurred.

3. NICA will reimburse Jeffrey R. Davis, Esquire, attorney

for Petitioner, an agreed - upon attorneyÓs fee of $3,740.00 and

expenses of $859.71, totaling $4,599.71 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 $4,599.71 for attorneyÓs fees and costs, the

claims of Petitioner shall be deemed fully sati sfied 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 2nd day of March , 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 2nd day of March , 2016 .

COPIES FURNISH ED:

(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. 7012 3050 0000 1249 8642)

Jeffrey D avis, Esquire

Jeffrey R. Davis, P.A.

10800 Biscayne Boulevard , Suite 700

Miami, Florida 33161

(eServed)

(Certified Mail No. 7012 1200 0002 3336 2774)

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 1200 0002 3336 2781)

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified M ail No. 7014 1200 0002 3336 2798)

Memorial Regional Hospital

Attention: Risk Management

3501 Johnson Street

Hollywood, Florida 33021

(Certified Mail No. 7014 1200 0002 3336 2804)

Stephen Channey, M.D.

3501 Johnson Street

Hollywood, Florida 33021

(C ertified Mail No. 7014 1200 0002 3336 2811)

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 proceedin gs 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 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).