17-003815N Leanne Fitzgerald And Steven Fitzgerald, On Behalf Of And As Parents And Natural Guardians Of Hal Owen Fitzgerald, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, July 3, 2018.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LEANNE FITZGERALD AND STEVEN

FITZGERALD, on behalf of and as

parents and natural guardians of

HAL OWEN FITZGERALD, a deceased

minor,

Petitioners,

vs. Case No. 17 - 3815N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent,

and

PAUL LAROSE, M.D.; ALLESSA

ALLISON, M.D.; JENNIFER ALLEN,

CNM; ADVANCED WOMEN'S CARE, LLC;

AND BAPTIST HOSPITAL, INC.,

Intervenors.

_______________________________/

FINA L 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 O ut of

Florida Birth - Related Neu rological Injury Pursuant to

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

filed with the Division of Administrative Hearings on June 28,

2018, 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, as parents

and natural guardians of Hal Owen Fitzgerald , deceased, an d

Respondent, the Florida Birth - Related Neurological Injury

Compensation Association (NICA) , have agreed that Leanne

Fitzgerald and Steven Fitzgerald are the parents and legal

guardians of Hal Owen Fitzgerald ( Hal ), deceased; that Hal was

born a live infan t on or about October 31, 2014 , at Baptist

Hospital, a ÐhospitalÑ as defined by section 766.302(6) located

in Pensacola , Florida; and that Hal Ós birth weight exceeded 2,500

grams. The Parties have further agreed that Paul Larose , M.D. ,

and Allessa Allison , M.D. , provided obstetrical services at HalÓs

delivery and were Ðparticipating physician s Ñ in the Florida

Birth - Related Neurological Injury Compensation Plan, as defined

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

a Ðbirth - related ne urological injury,Ñ as that term 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 June 28,

2018 , is hereby approved, and the Parties are directed to comply

with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Leanne Fitzgerald and Steven Fitzgerald , as

the parents and legal guardians of Hal Owen Fitzgerald , 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 effective date of the Stipulation

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

the provisions of paragraph 20 of the Stipu lation and Joint

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

section 766.31(1)(b)1.

3. NICA will reimburse Rose Kasweck , attorney for

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

expenses of $ 1,587.80 , totaling $ 11,58 7.80 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 $ 11,587.80 for

attorneyÓs fees and costs, the claims of Petitioners shall be

deeme d fully satisfied and extinguished.

5. The Division of Administrative Hearings retains

jurisdiction over this matter to resolve any disputes, should they

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

Order.

DONE AND ORDERED this 3rd day of July , 2018 , 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 - 9 675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 3rd day of July , 2018 .

COPIES FURNISHED:

(via certified mail)

Jack W. Lurton, III, Esquire

Beggs & Lane, RLLP

501 Commendencia Stree t

Pensacola, Florida 32502

(eServed)

(Certified Mail Number 7018 0040 0000 9769 6489)

Franklin Duke Regan, Esquire

Hall Booth Smith, P.C.

Suite 1100

200 West Forsyth Street

Jacksonville, Florida 32250

(eServed)

(Certified Mail Number 7018 0040 0000 9769 6496 )

Kirk A. Carter, Esquire

Hall Booth Smith, P.C.

Suite 1100

200 West Forsyth Street

Jacksonville, Florida 32202

(Certified Mail Number 7018 0040 0000 9769 6502 )

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensa tion Association

Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified Mail Number 7018 0040 0000 9769 6519 )

M. Mark Bajalia, Esquire

Bajalia Law

Suite 301

11512 Lake Mead Avenue

Jacksonville, Florida 32256

(eServed)

(Certified Mail Number 7018 0040 0000 9769 6526 )

Elizabeth Rose Kasweck, Esquire

Barrett, Fasig & Brooks

Suite B

3360 Capital Circle Northeast

Tallahassee, Florida 32309

(eServed)

(Certified Mail Number 7018 0040 0000 9769 6533 )

Amie Rice, Investigation Manager

C onsumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail Number 7018 0040 0000 9769 6540 )

Justin Senior , Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail Number 7018 0040 0000 9769 6557 )

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 Appea l 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 o f 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 N eurological

Injury Comp. Ass'n v. Carreras , 598 So. 2d 299 (Fla. 1st DCA

1992).