16-000939N Dalton And Amber Campbell, On Behalf Of And As Parents And Natural Guardians Of Clairissa Campbell, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, October 28, 2016.

Summary: Final Order approving Stipulation on compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DALTON AND AMBER CAMPBELL, on

behalf of and as parents and

natural guardians of CLAIRISSA

CAMPBELL, a minor,

Petitioner s ,

vs. Case No. 16 - 0939N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION ,

Respondent,

and

WEST FLORIDA REGIONAL MEDICAL

CENTER ; GINA - MARIE PEARCE, ARNP ;

AND JENNIFER PAYNE, M.D.,

Intervenors.

_______________________________/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This c ause 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 Statut es (Stipulation and Joint Petition), filed

with the Division of Administrative Hearings on October 27, 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, Petitioner s , Dalton and

Amber Campbell, a s parent s and natural guardian s of Clairissa

Campbell , a minor, and Respondent, the Florida Bir th - Related

Neurological Injury Compensation Association (NICA), have agreed

that Dalton and Amber Campbell are the parent s and legal

guardian s of Clairissa Campbell ( Clairissa ), a minor; that

Clairissa was born a live infant on or about May 8, 2015 , at Wes t

Florida Regional Medical Center , a ÐhospitalÑ as defined by

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

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

further agreed that Jennifer Payne, M.D. , and G ina - Marie Pearce,

ARNP , provided obstetrical services at Clairissa 's delivery and

w ere Ðparticipating physician s Ñ in the Florida Birth - Related

Neurological Injury Compensation Plan, as defined by section

766.302(7). The Parties have agreed that Clairissa suffered a

Ðbirth - relat ed neurological injury,Ñ as that term is defined by

section 766.302(2), which was the sole and proximate cause of

Clairissa 's current medical condition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on October 27,

2016 , is hereby approved, an d the Parties are directed to comply

with the provisions of the Stipulation and Joint Petition.

2. Petitioner s , Dalton and Amber Campbell , as the parent s

and legal guardian s of Clairissa , a minor, are awarded one hundred

thousand dollars ($100,000.00), pu rsuant 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 Petition pursuant to section 766.31(1)(a), subject to

the provisions of paragraph 19 of the Sti pulation and Joint

Petition; and payments of future expenses, as incurred.

3. NICA will reimburse John Rogers , Esquire, attorney for

Petitioner s , an agreed - upon attorneyÓs fee of $ 4,350.50 and

expenses of $ 1,381.32 , totaling $ 5,731.82 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 $ 5,731.82 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 ter ms of this

Order.

DONE AND ORDERED this 28th day of October , 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 28th day of October , 2016 .

COPIES FURNISHED:

(via certified mail)

Kenney Shiple y, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7012 3050 0001 0080 3402)

John Rogers, Esquire

Michles & Booth, P.A.

501 B rent Lane

Pensacola, Florida 32503

(Certified Mail No. 7012 3050 0001 0080 3419)

David P. Ferrainolo, Esquire

Hall Prangel & Schoonveld, LLC

Suite 301

4532 West Kennedy Boulevard

Tampa, Florida 33609

(eServed)

(Certified Mail No. 7012 3050 0001 0080 34 26)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7012 3050 0001 0080 3433)

Justin Senior , Interim Secretary

Health Quality Assurance

Agen cy for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7012 3050 0001 0080 3440)

Laura Barber, M.D.

2120 East Johnson Avenue, Suite 103

Pensacola, Florida 32514

(Certified Mail No. 7012 3 050 0001 0080 3457)

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 F lorida 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).