17-002711N Daniel Paula And Drausia Paula, On Behalf Of And As Parents And Natural Guardians Of Lucas Paula, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, April 13, 2018.

Summary: Petitioners voluntarily dismissed their Petition for Benefits under the NICA Plan.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DANIEL PAULA AND DRAUSIA PAULA,

on behalf of and as parents and

natural guardians of LUCAS

PAULA, a minor,

Petitioners,

vs. Case No. 17 - 2711N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent.

_______________________________/

SUMMARY FINAL ORDER OF DISMISSAL

This cause came on for consideration upon a Notice of

Voluntary Dismissal Without Prejudice filed by Petitioners on

April 10, 2018.

STATEMENT OF THE CASE

On May 12, 2017 , Petitioners filed a Petition for Benefits

P ursuant to Florida Statute Section 766.301 et seq. , otherwise

known as the Florida Birth - Related Neurological Injury

Compensation Plan (the Plan).

On January 3, 2018, Respondent file d a Notice of Non -

Compensability and Request for Evidentiary Hearing on

Compensability, asserting that Lucas Paula did not suffer an

injury that is compensable under the Plan.

By Notice dated March 22, 2018, this matter was set for

final hearing on Octobe r 24, 2018.

On April 2, 2018, Petitioners filed a Motion to Withdraw

Hearing on the Issue of Compensability. In addition to the

request that the scheduled hearing be cancelled, the motion

included the statement that Ð[U]nder the principle of judicial

eco nomy, Petitioners understand that once compensability is

established, the items of expense to be awarded can often be

determined by agreement of the parties without the necessity of

an evidentiary hearing.Ñ This statement was confusing to both

the undersi gned and to Respondent. On April 2, 2018, Respondent

filed a Response to PetitionersÓ Motion to Withdraw Hearing on

the Issue of Compensability, stating, inter alia:

1. The Respondent is confused by the

PetitionersÓ Motion to Withdraw Hearing on

the Issu e of Compensability, and requests

that the Petitioners either clarify their

position, or the ALJ conduct a telephonic

hearing to determine the intent of the

Petitioners.

2. Specifically, NICA has asserted that the

Claim is not Compensable. The Petitione rs

have previously contested this

determination. If the Petitioners are

intending to withdraw or dismiss their

Petition, it is their right to do so. If

the Petitioners do not dispute NICAÓs Motion

for Summary Final Order determining that the

Claim is not Compensable, then the

Petitioners can so assert that position.

However, if the Petitioners do want the

Claim to be determined to be Compensable,

then there must be a hearing on the issue of

Compensability.

As suggested by Respondent, a telephonic p re - hearing

c onference was held on April 9, 2018 , in order to clarify the

relief that Petitioners were seeking. During that p re - hearing

c onference , Petitioner, Daniel Paula, unequivocally stated that

it was PetitionersÓ intent to withdraw their Petition for

B enefits and to abandon all claims against Respondent. The

undersigned stated to Mr. Paula that, given the ambiguous nature

of the Motion to Withdraw Hearing on the Issue of

Compensability, it would be necessary for Petitioners to file a

Notice of Voluntar y Dismissal in order for the file of the

Division of Administrative Hearings to be closed.

On April 10, 2018 , Petitioners filed a Notice of Voluntary

Dismissal Without Prejudice, stating that Petitioners Ðhereby

file this notice of voluntary dismissal of the above - styled

cause without prejudice as to Defendant, Florida Birth - Related

Neurological Injury Compensation Association.Ñ

CONCLUSION

Based on the foregoing, it is ORDERED that the Petition

filed by Petitioners, Daniel Paula and Drausia Paula, on behal f

of and as parent and natural guardian s of Lucas Paula, is

dismissed with prejudice.

DONE AND ORDERED this 13th day of April , 2018 , in

Tallahassee, Leon County, Florida.

S

W. DAVID WATKINS

Administrative Law Judge

Divisi on 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 13th day of April , 2018 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7016 0910 0001 7987 6961)

Daniel H. Paula

Drausia Paula

1212 East Zion Way

Chandler, Arizona 85249

(eServed)

(Certified Mail No. 7016 0910 0001 7987 6978)

David W. Black, Esquire

Frank, Weinberg & Black, P.L.

7805 Southwest 6th Court

Plantation, Florida 33324

(eServ ed)

(Certified Mail No. 7016 0910 0001 7987 6985)

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 7987 6992)

Justin Senior , S ecretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7016 0910 0001 7987 7005)

Shands Jacksonville

Attention: Risk Management

655 West 8th Street

Ja cksonville, Florida 32209

(Certified Mail No. 7016 0910 0001 7987 7012)

Brent E. Seibel, M.D.

UF Health Jacksonville (Shands)

655 West 8th Street

Jacksonville, Florida 32209

(Certified Mail No. 7016 0910 0001 7987 7029)

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 n otice of a dministrative

a ppeal 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).