16-005113N Cherreaka Smith, Individually And As Natural Parent Of Charlise Smith, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, May 19, 2017.

Summary: Final Order approving stipulation for entry of award.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHERREAKA SMITH, Individually

and as Natural Parent of

CHARLISE SMITH, a minor,

Petitioner,

vs. Case No. 16 - 5113N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent,

and

BAPTIST HOSPITAL OF MIAMI, INC.,

Intervenor.

_______________________________/

FINAL ORDER APPROVING STIPULATION FOR ENTRY 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 P ursuant to

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

filed with the Division of Administrative Hearings on May 17,

2017, 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, Cherreaka

Smith , as parent and natural guardian of Charlise Smith, a minor,

and Responden t, the Florida Birth - Related Neurological Injury

Compensation Association (NICA), have agreed that Cherreaka Smith

is the parent and legal guardian of Charlise Smith ("Charlise"),

a minor; that Charlise Smith was born a live infant on or about

December 4, 2016, at Baptist Hospital of Miami, a "hospital" as

defined by section 766.302(6) , located in Miami, Florida; and

that Charlise's birth weight exceeded 2,500 grams. The Parties

have further agreed that Pierre - Richard Limousin, M.D., provided

obstetrical s ervices at Charlise's delivery and was a

"participating physician" in the Florida Birth - Related

Neurological Injury Compensation Plan, as defined by section

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

"birth - related neurological injury," as that term is defined by

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

Charlise's current medical condition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on May 17,

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

with the provisions of the Stipulation and Joint Petition.

2. Petitioner, Cherreaka Smith , as the parent and legal

guardian of Charlise Smith , a minor, 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 the parent; 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 payme nts of future expenses, as incurred.

3. NICA will reimburse T. Omar Malone, Esquire, attorney

for Petitioner, an agreed - upon attorney's fee of $10,000.00 for

services rendered in the filing of this claim.

4 . Within 30 days of the date of this Order , the Parties

shall advise whether Petitioner and Respondent have agreed upon

the amount of expenses due to T. Omar Malone , Esquire. If the

P arties have n ot agreed upon the amount, the P arties shall advise

the undersigned Administrative Law Judge of the matters remaining

in dispute, several mutually agreeable dates for hearing, and of

the time required for such hearing, and a hearing will be

scheduled by a separate notice of hearing.

5 . Upon the payment of the award of $100,000.00, past

benefit/expenses, and $1 0,000.00 for attorney's fees and costs,

the claims of Petitioner shall be deemed fully satisfied and

extinguished, except for Respondent's continuing obligation under

section 766.31(2) to pay future expenses, as incurred.

6 . The Division of Administrative Hearings retains

jurisdiction over this matter to resolve any disputes, should

they arise, regarding the Parties' compliance with the terms of

this Order.

DONE AND ORDERED this 19th day of May , 2017 , 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 19th day of May, 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 Number 7016 2710 0000 4543 0101)

T. Omar Malone, Esquire

The Malone Law Firm, P.A.

701 Brickell Avenue

Miami, Florida 33131

(eServed)

(Certified Mail Number 7016 2710 0000 4543 0095)

Scott Edward Solomon, Esquire

Falk, Waas, Hernandez, Cortina,

Solomon and Bonner, P.A.

Suite 500

135 San Lorenzo Avenue

Coral Gables, Florida 33146

(eServed)

(Certified Mail Number 7016 2710 0000 4543 0088)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail Number 7016 2710 0000 4543 0071)

Justin Senior , Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Ta llahassee, Florida 32308

(eServed)

(Certified Mail Number 7016 2710 0000 4543 0064)

Pierre - Richard Limousin, M.D.

8950 North Kendall Drive, Suite 305

Miami, Florida 33176

(Certified Mail Number 7016 2710 0000 4543 0057)

NOTICE OF RIGHT TO JUDICIAL REV IEW

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 proceeding s 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).