16-004886N Thomasina Ford, As The Personal Representative Of The Estate Of Patrick A. Sailor, Jr., Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, February 17, 2017.

Summary: Hospital and physician provided notice as required. The Stipulation filed by the parties is approved, and the parties are directed to comply with its terms.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

THOMASINA FORD, as the Personal

Representative of the Estate of

PATRICK A. SAILOR, JR., deceased

minor,

Petitioner,

vs. Case No. 16 - 4886N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent,

and

SHANDS JACKSONVILLE MEDICAL

CENTER, INC. d/b/a UF HEALTH

JACKSONVILLE; AND UNIVERSITY OF

FLORIDA BOARD OF TRUSTEES,

Intervenors.

_______________________________/

FINAL ORDER APPROVING STIPULATIO N FOR E NTRY 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 February 14,

2017, for the entry of an order approving the resolution of a

claim for compensation benefits filed in accordance with the

provision s of chapter 766 and a resolution of the exclusive

remedy otherwise available as outlined in chapter 766.

By the terms of their stipulation, Petitioner, as parent

and natural guardian of Patrick A. Sailor, Jr., deceased, and

Respondent, the Florida Birth - R elated Neurological Injury

Compensation Association (NICA), have agreed that Thomasina Ford

is the parent and legal guardian of Patrick A. Sailor, Jr.

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

about March 5, 2015, at UF Health Jacksonv ille Hospital, a

ÐhospitalÑ as defined by section 766.302(6) located in

Jacksonville, Florida; and that PatrickÓs birth weight exceeded

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

M.D. , and Isaac Delke, M.D., provided obstetrical services at

PatrickÓs delivery and were Ðparticipating physiciansÑ in the

Florida Birth - Related Neurological Injury Compensation Plan, as

defined by section 766.302(7). The Parties have agreed that

Patrick suffered a Ðbirth - related neurological injury,Ñ as that

t erm is defined by section 766.302(2), which was the sole and

proximate cause of his injury and subsequent death.

It is ORDERED:

1. The Stipulation and Joint Petition filed on February 14,

2017, is hereby approved, and the Parties are directed to comply

wi th the provisions of the Stipulation and Joint Petition.

2. Petitioner, Thomasina Ford, as the parent and legal

guardian of Patrick, deceased, is awarded one hundred thousand

dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be

paid as a lump sum to Morgan and Morgan Trust Account on behalf

of Petitioner ; 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 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 will reimburse Grant Kuvin, Esquire, attorney for

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

expenses of $6,154.32, totaling $16,15 4.32 in full for services

rendered in the filing of this claim.

4. Upon the payment of the award of $100,000.00, the death

benefit of $10,000.00, past benefit/expenses, and $16,154.32 for

attorneyÓs fees and costs, the claims of Petitioner shall be

deemed fully satisfied and extinguished.

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 17th d ay of February , 2017 , in

Tallahassee, Leon County, Florida.

S

W. DAVID WATKINS

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 17th day of February , 2017 .

COPIES FURNISHED:

(via certified mail)

Grant A. Kuvin, Esquire

Morgan & Morgan, P.A.

20 N orth Oran ge Avenue

Orlando, Florida 32801

(eServed)

(Certified Mail No. 7005 3110 0002 0289 9946)

David O. Doyle, Jr., Esquire

Pearson Biitman

Suite 401

485 North Keller Road

Orlando, Florida 32751

(eServed)

(Certified Mail No. 7005 3110 0002 0289 9953)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7005 3110 0002 0289 9960)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7005 3110 0002 0289 9977)

Justin Senior , Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mai l Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7005 3110 0002 0289 9984)

Amy Hammers, M.D.

655 West 8th Street

Jacksonville, Florida 32209

(Certified Mail No. 7005 3110 0002 0289 9991)

Isaac Delke, M.D.

653 - 1 8th Street

Jacksonville, Florida 32209

(Certified Mail No. 7005 1820 0002 9840 6284)

Irby Freeman, M.D.

655 West 8th Street

Jacksonville, Florida 32209

(Certified Mail No. 7005 1820 0002 9840 6345)

Kristine Tibavisky, M.D.

655 West 8th Street

Jacksonville, Florida 32209

(Cer tified Mail No. 7005 1820 0002 9840 6352)

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 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).