16-003573N Paige Slomin And Gregory Slomin, On Behalf Of And As Parents And Natural Guardians Of Christopher Slomin, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, January 11, 2017.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PAIGE SLOMIN AND GREGORY SLOMIN,

on behalf of and as parents and

natural guardians of CHRISTOPHER

SLOMIN, a minor,

Petitioners,

vs. Case No. 16 - 3573N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOC IATION,

Respondent,

and

ORLANDO HEALTH, INC., d/b/a

WINNIE PALMER HOSPITAL FOR WOMEN

AND BABIES AND RICARDO J. LOPEZ,

Intervenors.

_______________________________/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AW ARD

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, Flo rida Statutes (Stipulation and Joint Petition), filed

with the Division of Administrative Hearings on January 9, 2017,

for the entry of an order approving the resolution of a claim for

compensation benefits filed in accordance with the provisions of

chapte r 766 and a resolution of the exclusive remedy otherwise

available as outlined in chapter 766.

By the terms of their stipulation, Petitioner s , Paige Slomin

and Gregory Slomin, as parent s and natural guardian s of

Christopher Slomin , a minor, and Respondent, the Florida Birth -

Related Neurological Injury Compensation Association (NICA), have

agreed that Paige Slomin and Gregory Slomin are the parent s and

legal guardian s of Christopher Slomin ( Christopher ), a minor;

that Christopher was born a live infant on or about April 12,

2013 , at Winnie Palmer Hospital for Women and Babies , a

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

Florida; and that Christopher Ós birth weight exceeded 2,500

grams. The Parties have further agreed that Ricardo Lopez , M.D.,

provided obstetrical services at Christopher '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 Christopher suffered a

Ðb irth - related neurological injury,Ñ as that term is defined by

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

Christopher 's current medical condition.

It is ORDERED:

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

2017 , is hereby a pproved, and the Parties are directed to comply

with the provisions of the Stipulation and Joint Petition.

2. Petitioner s , Paige Slomin and Gregory Slomin , as the

parent s and legal guardian s of Christopher Slomin , a minor, are

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 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 expenses, 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, exc ept for Respondent's continuing

obligation under section 766.31(2) to pay future expenses, as

incurred.

4 . The Division of Administrative Hearings retains

jurisdiction over this matter to resolve any disputes, should they

arise, regarding the PartiesÓ com pliance with the terms of this

Order.

DONE AND ORDERED this 11th day of January , 2017 , in

Tallahassee, Leon County, Florida.

S

BARBARA J. STAROS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Bui lding

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 11th day of January , 2017 .

COPIES FURNISHED:

(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. 7016 0910 0001 7980 9884)

Gregory Slomin

Paige Slomin

7528 Running Water Drive

Austin, Texas 78747

(Certified Mail No. 7016 0910 0001 7980 9891)

Andrea L. Diederich, Esquire

Marshall Dennehey Warner Coleman & Goggin

Suite 550

315 East Robinson Street

Orlando, Florida 32801

(eServed)

(Certified Mail No. 70 16 0910 0001 7980 9907)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7016 0910 0001 7980 9914)

Justin Senior , Interim Secretary

Health Qu ality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7016 0910 0001 7980 9921)

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. Such proceedings are

commenced by filing the original notice of admini strative 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).