17-004811N Caroline Close And Jeffrey Close, On Behalf Of And As Natural Guardians Of Locklin Curry Close, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 1, 2018.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CAROLINE CLOSE AND JEFFREY

CLOSE, on behalf of and as

natural guardians of LOCKLIN

CURRY CLOSE, a minor,

Petitioners,

vs. Case No. 17 - 4811N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent.

_______________________________/

FINAL ORDER APPROVING STIPULATIO N 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 Pursuant to Chapter

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

with the Division of Administrative Hearings on January 3, 2018,

for the ent ry 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 Locklin Curry Close (Locklin) , deceased,

and Respondent, the Florida Birth - Related Neurological Injury

Compensation Association (NICA), have agreed that Caroline Close

and Jeffrey Close are the parents and l egal guardians of Locklin ,

deceased; that Locklin was born a live infant on or about

April 10, 2017, at Baptist Medical Center Downtown, a ÐhospitalÑ

as defined by section 766.302(6) located in Jacksonville,

Florida; and that LocklinÓs birth weight exceede d 2,500 grams.

The Parties have further agreed that Erika D. Glas, M.D.,

provided obstetrical services at LocklinÓs 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 Locklin 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 her

injury and subsequent death.

It is ORDERED:

1. The Stipulation and J oint Petition filed on January 3,

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

with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Caroline Close and Jeffrey Close, as the

parents and legal guardians of Locklin C urry Close, 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 Stipulation and Joint

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

section 766.31(1)(b)1.

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

shall advise whether Pe titioners and Respondent have agreed upon

the amount of expenses due to Rodney S. Margol, Esquire. If the

parties have not agreed upon the amount, the parties shall advise

the undersigned Administrative Law Judge of the matters remaining

in dispute, sever al 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.

4. Upon the payment of the award of $100,000.00, the death

benefit of $10,000.00, past benefit/expenses, a nd an as yet

undetermined amount for attorneyÓs fees and costs, the claims of

Petitioners shall be deemed fully satisfied and extinguished.

5. The Division of Administrative Hearings retains

jurisdiction over this matter to resolve any disputes, should th ey

arise, regarding the PartiesÓ compliance with the terms of this

Order.

DONE AND ORDERED this 12th day of January , 2018 , in

Tallahassee, Leon County, Florida.

S

W. DAVID WATKINS

Administrative Law Judge

Division of A dministrative 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 12th day of January , 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. 7015 0640 0003 7653 0098)

Rodney Stuart Margol, Esquire

Margol & Margol, P.A.

2029 North 3rd Street

Jacksonville Beach, Florida 32250

(eServed)

(Certified Mail No. 7015 0640 0003 7653 0111)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7015 0640 0003 7653 0104)

Justin Senior , Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eS erved)

(Certified Mail No. 7015 0640 0003 7653 0128)

Baptist Health System

Attention: Risk Management

800 Prudential Drive

Jacksonville, Florida 32207

(Certified Mail No. 7015 0640 0003 7653 0135)

Erika Dawn Glas, DO.

North Florida OB GYN, LLC

Suite 110 3

836 Prudential Drive

Jacksonville, Florida 32207

(Certified Mail No. 7015 0640 0003 7653 0142)

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 s ection

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 Administrativ e 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

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

1992).