16-000094N Ashley Huffman And Richard Huffman, Individually And As Parents And Next Friends Of Malcolm Huffman, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, May 5, 2016.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ASHLEY HUFFMAN and RICHARD

HUFFMAN, individually and as

parents and next friends of

MALCOLM HUFFMAN, a minor,

Petitioners,

vs. Case No. 16 - 0094N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATIO N,

Respondent,

and

NIGEL SPIER, M.D.,

Intervenor.

_______________________________/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on for consideration pursuant to sections

766.304 and 766.30 5(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 Admini strative Hearings on May 3, 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 cha pter 766.

By the terms of their stipulation, Petitioners,

Ashley Huffman and Richard Huffman, individually and as parents

and natural guardian s of Malcolm Huffman , a minor, and

Respondent, the Florida Birth - Related Neurological Injury

Compensation Associat ion (NICA), have agreed that Ashley Huffman

and Richard Huffman, are the parent s and legal guardian s of

Malcolm Huffman ( Malcolm ), a minor; that Malcolm was born a live

infant on or about June 17, 2014 , at Memorial Regional Hospital ,

a ÐhospitalÑ as define d by section 766.302(6) located in

Hollywood , Florida; and that Malcolm Ós birth weight exceeded

2,500 grams. The Parties have further agreed that Nigel Spier,

M.D., provided obstetrical services at Malcolm '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 Malcolm 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

Malcolm 's permanent and substantial mental and physical

impairment.

It is ORDERED:

1. The Stipulation and Joint Petition filed on May 3, 201 6 ,

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

the provisions of the Stip ulation and Joint Petition.

2. Petitioner s , Ashley Huffman and Richard Huffman , as the

parent s and legal guardian s of Malcolm Huffman , a minor, is

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

section 766.31(1)(b)1., to be paid as lump s um to 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 ex penses, as incurred.

3. NICA will reimburse McMillen Law Firm, attorney s for

Petitioner s , an agreed - upon attorneyÓs fee of $ 10,000.00 and

expenses of $ 1,897.54 , totaling $ 11,897.54 in full for services

rendered in the filing of this claim.

4. Upon the pa yment of the award of $100,000.00, past

benefit/expenses, and $ 11,897.54 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 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 5th day of Ma y , 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

Fa x Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 5th day of May , 2016 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injur y Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7014 1200 0002 3330 9038)

Allison C. McMillen, Esquire

McMillen Law Firm, P.A.

608 East Central Boulevard

Orlando, Florida 32801

(eServed )

(Certified Mail No. 7014 1200 0002 3330 9045)

Josh Bloom, Esquire

Lubell Rosen

200 South Andrews Avenue , Suite 900

Fort Lauderdale, Florida 33301

(eServed)

(Certified Mail No. 7014 1200 0002 3330 9052)

Amie Rice, Investigation Manager

Consumer Ser vices Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7014 1200 0002 3330 9069)

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 1200 0002 3330 9076)

Memorial Regional Hospital

Attention: Risk Management

3501 Johnson Street

Hollywood, Florida 33021

(Certified Mail No. 7014 1200 0002 3330 9083)

NOTICE OF RIG HT 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 . 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 prescr ibed 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).