17-004239N Shalonda Stone And Michael Woods, Individually And As Parents Of Zyler D. Woods, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, February 22, 2018.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SHALONDA STONE AND MICHAEL

WOODS, individually and as

parents of ZYLER D. WOODS, a

minor,

Petitioner s ,

vs. Case No. 17 - 4239N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent,

and

HALIFAX HOSPITAL MEDICAL CENTER,

Intervenor.

_______________________________/

FINAL ORDER APPROVING STIPULATIO N FOR ENTRY OF AWARD

This cause came on for consideration pursuant to sections

766.304 and 766.305(7), F lorida 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 (Stipulation and Joint Petition),

filed with the Division of Administrativ e Hearings on July 18,

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, Petitioners, Shalonda

Stone and Michael Woods , as parents and natural guardians of

Zyler D. Woods (Zyler) , a minor, and Respondent, the Florida

Birth - Related Neurological Injury Compensation Association

(NICA), have agreed that Shalonda Stone and Michael Woods are

the parents and legal guardians of Zyler; that Zyler was born a

live infant on or about November 3, 2016, at Halifax Hospital

Medical Center, a ÐhospitalÑ as defined by section 766.302(6)

located in Daytona Beach, Florida; and that ZylerÓs birth weight

exceeded 2,500 grams. The Parties have further agreed that

Linda Haddox, M.D., provided obstetrical services at Zyler's

delivery and was a Ðparticipating physicianÑ in the Florida

Birth - Related Neurological In jury Compensation Plan, as defined

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

suffered a Ðbirth - related neurological injury,Ñ as that term is

defined by section 766.302(2), which was the sole and proximate

cause of Zyler's current medical c ondition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on December 15,

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

with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Shalonda Stone and Michael Wo ods, as the

parents and legal guardians of Zyler, a minor, are 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 parents; payment

of benefits up to and including the effective date of th e

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 payments of future expenses, as incurred.

3. NICA will reimburse Ronald Gilbert, Esquire, attorney

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

expenses of $500.00, totaling $10,500.00 in full for services

rendered in the filing of this claim.

4. Upon the payment of the award of $100,000.00 for past

benefit/expenses, and $10,500.00 for attorneyÓs fees and costs,

the claims of Petitioners shall be deemed fully satisfied and

extinguished, except for Respondent's continuing obligation under

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

5. The Division of Administrative Hearings re tains

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 22nd day of February , 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 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 22nd day of February , 2018 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

Suite 1

2360 Christopher Place

Tallah assee, Florida 32308

(eServed)

Certified Mail No. 7016 0910 0001 7987 6770

Ronald S. Gilbert, Esquire

Colling Gilbert Wright & Carter, LLC

Suite 830

801 North Orange Avenue

Orlando, Florida 32801

(eServed)

Certified Mail No. 7016 0910 0001 7987 6787

Jason O. Brown, Esquire

Cranshaw Brown

481 North U.S. Highway 1

Ormond Beach, Florida 32174

(eServed)

Certified Mail No. 7016 0910 0001 7987 6794

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 6800

Justin Senior , Secretary

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 6817

Linda Haddox, M.D.

Halifax Health Medical Center

303 North Clyde Morris Boulevard

Daytona Beach, Florida 32114

Certified Mail No. 7016 0910 0001 7987 6824

NOTICE OF RIGHT TO JUDICIAL REVIEW

Review of a final order of an adm inistrative 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 C ourt 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).