17-003485N Caroline Strickland Moore And Jonathan Taylor Moore, On Behalf Of And As Parents And Natural Guardians Of Anne Katherine Moore, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, November 28, 2017.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CAROLINE STRICKLAND MOORE AND

JONATHAN TAYLOR MOORE, on behalf

of and as parents and natural

guardians of ANNE KATHERINE

MOORE, a minor,

Petitioners,

vs. Case No. 17 - 3485N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJ URY COMPENSATION

ASSOCIATION,

Respondent,

and

ALEXANDER FRANZ, M.D., AND NORTH

FLORIDA WOMEN'S CARE,

Intervenors.

_______________________________/

FINAL ORDER APPROVING STIPULATIO N FOR ENTRY OF AWARD

This cause c ame 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 Neurolog ical Injury Pursuant to

Chapter 766, Florida Statutes (St ipulation and Joint Petition),

filed with the Division of Adm inistrative Hearings on

October 11, 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 reso lution

of the exclusive remedy otherwise available as outlined in

chapter 766.

By the terms of their stipulation, Petitioners, Caroline

Strickland Moore and Jonathan Taylor Moore, as parent s and

natural guardian s of Anne Katherine Moore, a minor, and

Respo ndent, Florida Birth - Related Neurological Injury

Compensation Association (NICA), have agreed that Caroline

Strickland Moore and Jonathan Taylor Moore are the parents and

legal guardians of Anne Katherine Moore (Anne), a minor; that

Anne was born a live in fant on or about September 3, 2015, at

Tallahassee Memorial Hospital, a ÐhospitalÑ as defined by

section 766.302(6) located in Tallahassee, Florida; and that

AnneÓs birth weight exceeded 2,500 grams. The Parties have

further agreed that Alexander Franz, M .D., provided obstetrical

services at Anne'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 Anne suffered a Ðbirth - related neu rological injury,Ñ as

that term is defined by section 766.302(2), which was the sole

and proximate cause of Anne's current medical condition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on October 11,

2017, is hereby approved, and the Pa rties are directed to comply

with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Caroline Strickland Moore and Jonathan

Taylor Moore, as the parents and legal guardians of Anne

Katherine Moore, a minor, are awarded one hundred thous and

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

paid as a lump sum to the parents; 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

provis ions 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

payment of benefits up to and including the effective date of the

Stipulation and Joint Petition , the claims of Petitioner s shall

be deemed fully satisfied and extinguished, except 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 t his matter to resolve any disputes, should

they arise, regarding the PartiesÓ compliance with the terms of

this Order.

DONE AND ORDERED this 28th day of November , 2017 , in

Tallahassee, Leon County, Florida.

S

W. DAVID WA TKINS

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 28th day of November , 2017 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eSe rved)

( Certified Mail No. 7015 0640 0003 7652 9962 )

Caroline Strickland Moore

Jonathan Taylor Moore

6713 Hill Gail Trail

Tallahassee, Florida 32309

(Certified Mail No. 7015 0640 0003 7652 9979)

Craig A. Dennis, Esquire

Dennis, Jackson, Martin & Fontela, P.A.

Suite 200

1591 Summit Lake Drive

Tallahassee, Florida 32317

(eServed)

(Certified Mail No. 7015 0640 0003 7652 9986)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 3 2399 - 3275

(Certified Mail No. 7015 0640 0003 7652 9993)

Justin Senior , Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7015 0640 0003 7653 000 5)

Tallahassee Memorial Hospital

Attention: Risk Management

1300 Miccosukee Road

Tallahassee, Florida 32308

(Certified Mail No. 7015 064 0 0003 7653 0012)

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

app eal 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 § 766.3 11(1), Fla. Stat., and Fla. Birth - Related

Neurological Injury Comp. Ass'n v. Carreras , 598 So. 2d 299

(Fla. 1st DCA 1992).