16-003701N Shenee S. Green And Lael O. Wright, On Behalf Of And As Parents And Natural Guardians Of Nayvianna Darcel Green, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, October 27, 2016.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SHENEE S. GREEN AND LAEL O.

WRIGHT, on behalf of and as

parents and natural guardians of

NAYVIANNA DARCEL GREEN, a

deceased minor,

Petitioners,

vs. Case No. 16 - 3701N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY CO MPENSATION

ASSOCIATION,

Respondent.

_______________________________/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on for consideration pursuant to sections

766.304 and 766.305(7), Florida Statute s, upon the Stipulation

and Joint Petition for Compensation of Claim Arising O ut of

Florida Birth - Related Neurological Injury Pursuant to Chapter

766, Florida Statutes (Stipulation and Joint Petition), filed

with the Division of Administrative Hearings on October 26, 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, Petitioners, Shenee S.

Green and Lael O. Wright, as parents and natural guardians of

Nayvianne Darcel Green, deceased, and Respondent, the Florida

Birth - Related Neurological Injury Compensation Association

(NICA) , have agreed t hat Shenee S. Green and Lael O. Wright are

the parents and legal guardians of Nayvianne Darcel Green

( Nayvianne ), deceased; that Nayvianne was born a live infant on

or about August 27, 2015 , at Sacred Heart Hospital, a ÐhospitalÑ

as defined by section 766. 302(6) located in Pensacola , Florida;

and that Nayvianne Ós birth weight exceeded 2,500 grams. The

Parties have further agreed that Joseph Peterson , M.D., provided

obstetrical services at Nayvianne Ós delivery and was a

Ðparticipating physicianÑ in the Flor ida Birth - Related

Neurological Injury Compensation Plan, as defined by section

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

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

section 766.302(2), which was the sole and proxima te cause of her

injury.

It is ORDERED:

1. The Stipulation and Joint Petition filed on October 26,

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

with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Shenee S. Green and Lael O. Wright , as the

parents and legal guardians of Nayvianne Darcel Green , deceased,

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

to section 766.31(1)(b)1 . , to be paid as a lump sum; payment of

benefits up to and including the ef fective date of the Stipulation

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

the provisions of paragraph 20 of the Stipulation and Joint

Petition; and payment of the $10,000.00 death benefit pursuant to

section 766.31(1)(b)1.

3. NICA wi ll reimburse M. Justin Lusko, Esquire , attorney

for Petitioners, an agreed - upon attorneyÓs fee of $ 10,000.00 and

expenses of $ 324.84 , totaling $ 10,324.84 in full for services

rendered in the filing of this claim.

4. Upon the payment of the award of $100,0 00.00, the death

benefit of $10,000.00, past benefit/expenses, and $ 10,324.84 for

attorneyÓs fees and costs, the claims of Petitioners shall be

deemed fully satisfied and extinguished.

5. The Division of Administrative Hearings retains

jurisdiction over t his matter to resolve any disputes, should they

arise, regarding the P artiesÓ compliance with the terms of this

Order.

DONE AND ORDERED this 2 7 th day of October , 2016 , in

Tallahassee, Leon County, Florida.

S

BARBARA J. S TAROS

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 Administra tive Hearings

this 2 7 th day of October , 2016 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(eSe rved)

(Certified Mail No. 7012 3050 0001 0080 3464)

M. Justin Lusko, Esquire

Levin, Papanyomio, Thomas, Mitchell,

Rafferty & Proctor P.A.

6th Floor

316 South Baylen Street

Pensacola, Florida 32502

(eServed)

(Certified Mail No. 7012 3050 0001 0080 3471 )

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 3488)

Justin Senior , Interim Secretary

Health Quality Assurance

A gency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7012 3050 0001 0080 3495)

Laura Ambler, M.D.

Sacred Heart Hospital

5045 Carpenter Drive

Pensacola, Florida 32503

(Cer tified Mail No. 7012 1640 0000 7868 9971)

Joseph Peterson, M.D.

Sacred Heart Hospital

5045 Carpenter Drive

Pensacola, Florida 32503

(Certified Mail No. 7012 1640 0000 7868 9988)

Sacred Heart Hospital

Attention: Risk Management

5151 North 9th Avenue

Pensacola, Flor ida 32504

(Certified Mail No. 7012 1640 0000 7868 9995)

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. Re view 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 o f 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).