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Home » Cases Under Administrative Hearing » 17-005787N

17-005787N Jayla Camille Moore, A Minor Child, By And Through Her Next Friends, Natural Guardians And Natural Parent, Collette Wright; Collette Wright, Individually And As Mother Of Jayla Camille Moore vs. Florida Birth-Related Neurological Injury Compensation Association (Nica)
 Status: Closed
DOAH Final Order on Wednesday, October 9, 2019.

View Dockets  
Summary: ALJ entered Final Order approving stipulation and joint petition for compensation.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8JAYLA CAMILLE MOORE, A MINOR

13CHILD, BY AND THROUGH HER NEXT

19FRIENDS, NATURAL GUARDIANS AND

23NATURAL PARENT, COLLETTE WRIGHT;

27COLLETTE WRIGHT, INDIVIDUALLY

30AND AS MOTHER OF JAYLA CAMILLE

36MOORE,

37Pe titioner,

39vs.

40Case No. 17 - 5787N

45FLORIDA BIRTH - RELATED

49NEUROLOGICAL INJURY COMPENSATION

52ASSOCIATION (NICA),

54Respondent,

55and

56UNIVERSITY OF FLORIDA BOARD OF

61TRUSTEES AND SHANDS TEACHING

65HOSPITAL AND CLINICS, INC.,

69Intervenors.

70_______________________________/

71FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

79This cause came on for consideration pursuant to

87sections 766.304 and 766.305(7), Florida Statutes, upon the

95Stipulation and Joint Petition for Compensation of Claim Aris ing

105Out of Florida Birth - Related Neurological Injury Pursuant to

115Chapter 766, Florida Statutes (Stipulation and Joint Petition),

123filed with the Division of Administrative Hearings on October 7,

1332019 , for the entry of an order approving the Stipulation and

144Joint Petition.

146By the terms of their stipulation, Petitioner, Collette

154Wright , as parent and natural guardian of Jayla Camille Moore

164(Jayla) , a minor ; and Respondent, the Florida Birth - Related

174Neurological Injury Compensation Association (NICA), have ag reed

182that Collette Wright is the parent and legal guardian of Jayla.

193By Summary Final Order entered on May 20, 2019, the

203undersigned determined that :

2071. Jayla was born a live infant on or about January 8,

2192016 , at University of Florida Health Shands Hos pital , a

229“hospital” as defined by section 766.302(6) , located in

237Gainesville , Florida; and that Jayla’s birt h weight exceeded

2462,500 grams;

2492. O bstetrical services were delivered by Jessica Rose

258Jackson, M.D., a “participating physician” in the NICA Plan, as

268defined by section 766.302(7);

2723. Jayla suffered a compensable “birth - related neurological

281injury,” as that term is defined by section 766.302(2) ; and

2924. Intervenors complied with the statutory notice

299requirements of the NICA Plan pursuant to secti on 766.315.

309It is ORDERED:

3121. The Stipulation and Joint Petition filed on October 7,

3222019 , is hereby approved, and the p arties are directed to comply

334with the provisions of the Stipulation and Joint Petition.

3432. Petitioner , Collette Wright , as the par ent and legal

353guardian of Jayla , a minor, is awarded one hundred thousand

363dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be

372paid as a lump sum to the parent; payment of benefits up to and

386including the effective date of the Stipulation and J oint Petition

397pursuant to section 766.31(1)(a), subject to the provisions of

406paragraph 1 7 of the Stipulation and Joint Petition; and payments

417of future expenses, as incurred.

4223. NICA will reimburse David R. Best, Esquire, attorney for

432Petitioner, an agree d - upon attorney’s fee of $ 10,000.00 and

445expenses of $ 1,000.00 , totaling $ 11,000.00 , for services rendered

457in the filing of this claim.

4634. Upon the payment of the award of $100,000.00, past

474benefit/expenses, and $ 11,000.00 for attorney’s fees and costs,

484th e claims of Petitioner shall be deemed fully satisfied and

495extinguished, except for Respondent's continuing obligation under

502section 766.31(2) to pay future expenses, as incurred.

5105. The Division of Administrative Hearings retains

517jurisdiction over this m atter to resolve any disputes, should they

528arise, regarding the Parties’ compliance with the terms of this

538Order.

539DONE AND ORDERED this 9th day of October, 2019 , in

549Tallahassee, Leon County, Florida.

553TODD P. RESAVAGE

556Ad ministrative Law Judge

560Division of Administrative Hearings

564The DeSoto Building

5671230 Apalachee Parkway

570Tallahassee, Florida 32399 - 3060

575(850) 488 - 9675

579Fax Filing (850) 921 - 6847

585www.doah.state.fl.us

586Filed with the Clerk of the

592Division of Administrative Hea rings

597this 9th day of October, 2019 .

604COPIES FURNISHED:

606(via certified mail)

609Brooke M. Gaffney, Esquire

613Smith, Stout, Bigman & Brock, P.A. Suite 900

621444 Seabreeze Boulevard

624Daytona Beach, Florida 32118

628(eServed)

629(Certified No. 7015 0640 0003 7646 4348 )

637Daniel Joseph D'Alesio, Esquire

641University of Florida

644J. Hillis Miller Health Center

649Self - Insurance Program

6537th Floor

655580 West 8th Street Tower 1

661Jacksonville, Florida 32209

664(eServed)

665(Certified No. 7015 0640 0003 7646 4355 )

673David Ryan Best, Esquire

677Best Law Firm Florida, P.A.

682Post Office Box 3306

686Orlando, Florida 32802

689(eServed)

690(Certified No. 7015 0640 0003 7646 4362 )

698Brian Boelens, Esquire

701Florida Board of Governors

705Self - Insurance Programs

709Post Office Box 112735

713Gainesville, Florida 32611

716(eS erved)

718(Certified No. 7015 0640 0003 7646 4379 )

726Kenney Shipley, Executive Director

730Florida Birth - Related Neurological

735Injury Compensation Association

738Suite 1

7402360 Christopher Place

743Tallahassee, Florida 32308

746(eServed)

747(Certified No. 7015 0640 0003 764 6 4386 )

756Amie Rice, Investigation Manager

760Consumer Services Unit

763Department of Health

7664052 Bald Cypress Way, Bin C - 75

774Tallahassee, Florida 32399 - 3275

779(Certified No. 7015 0640 0003 7646 4393 )

787Mary C. Mayhew , Secretary

791Health Quality Assurance

794Agency for Health Care Administration

7992727 Mahan Drive, Mail Stop 1

805Tallahassee, Florida 32308

808(eServed)

809(Certified No. 7015 0640 0003 7646 4409 )

817Osceola Regional Medical Center

821Attention: Risk Management

824700 West Oak Street

828Kissimmee, Florida 34741

831(Certified No. 7015 0640 0003 7646 3525 )

839Michael R. Denardis, D.O.

8431160 Cypress Glenn Circle

847Kissimmee, Florida 34741

850(Certified No. 7015 0640 0003 7646 3532 )

858NOTICE OF RIGHT TO JUDICIAL REVIEW

864Review of a final order of an administrative law judge shall be

876by a ppeal to the District Court of Appeal pursuant to section

888766.311(1), Florida Statutes. Review proceedings are governed by

896the Florida Rules of Appellate Procedure. Such proceedings are

905commenced by filing the original n otice of a dministrative a ppeal

917wit h the a gency c lerk of the Division of Administrative Hearings

930within 30 days of rendition of the order to be reviewed, and a

943copy, accompanied by filing fees prescribed by law, with the

953clerk of the appropriate District Court of Appeal. See

962§ 766.311(1), Fla. Stat., and Fla. Birth - Related Neurological

972Injury Comp. Ass'n v. Carreras , 598 So. 2d 299 (Fla. 1st DCA

9841992).

Dockets
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Date
Proceedings
PDF:
Date: 05/01/2020
Proceedings: Transmittal letter from Claudia Llado forwarding records to the agency.
PDF:
Date: 11/04/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 10/28/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 10/24/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 10/18/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 10/09/2019
Proceedings: DOAH Final Order
PDF:
Date: 10/09/2019
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 10/09/2019
Proceedings: Final Order Approving Stipulation for Entry of Award. CASE CLOSED.
PDF:
Date: 10/07/2019
Proceedings: Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth -Related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
PDF:
Date: 09/30/2019
Proceedings: Order.
PDF:
Date: 09/10/2019
Proceedings: Petitoner's Reply to Respondent's Motion for Entry of Order Approving Award filed.
PDF:
Date: 09/05/2019
Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for September 11, 2019; 10:00 a.m.).
PDF:
Date: 08/22/2019
Proceedings: Respondent's Motion for Entry of Order Approving Award filed.
PDF:
Date: 07/30/2019
Proceedings: Status Report filed.
PDF:
Date: 07/23/2019
Proceedings: Order Requiring Response.
PDF:
Date: 06/19/2019
Proceedings: Status Report filed.
PDF:
Date: 06/03/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/28/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/24/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/23/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/20/2019
Proceedings: DOAH Final Order
PDF:
Date: 05/20/2019
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 05/20/2019
Proceedings: Summary Final Order. DOAH JURISDICTION RETAINED.
PDF:
Date: 05/03/2019
Proceedings: Intervenors' Written Argument in Support of Intervenors' Joint Proposed Order filed.
PDF:
Date: 05/03/2019
Proceedings: Intervenors' Notice of Filing Intervenors' Proposed Final Order filed.
PDF:
Date: 05/03/2019
Proceedings: Notice of Filing Respondent's Proposed Final Order filed.
PDF:
Date: 04/19/2019
Proceedings: Stipulated Record filed.
PDF:
Date: 04/18/2019
Proceedings: Notice of Filing Stipulated Record filed.
PDF:
Date: 04/18/2019
Proceedings: Joint Stipulation regarding Stipulated Record filed.
PDF:
Date: 04/10/2019
Proceedings: Order Granting Motion to Submit Stipulated Factual Record in Lieu of a Contested Hearing.
PDF:
Date: 04/09/2019
Proceedings: Joint Stipulation regarding Facts not in Dispute filed.
PDF:
Date: 04/09/2019
Proceedings: Joint Motion to Submit Stipulated Factual Record in Lieu of a Contested Hearing filed.
PDF:
Date: 03/27/2019
Proceedings: Notice of Taking Deposition of Donald Willis, M.D. via Telephone filed.
PDF:
Date: 03/13/2019
Proceedings: Petitioner's Notice of Service of Unverified Answers to Intervenors' First Set of Interrogatories filed.
PDF:
Date: 03/13/2019
Proceedings: Petitioner's Response to Intervenors' Request for Admissions filed.
PDF:
Date: 03/13/2019
Proceedings: Petitioner's Response to Intervenors' Request to Produce to Petitioner filed.
PDF:
Date: 03/13/2019
Proceedings: Petitioner's Response to NICA's Expert Request for Production filed.
PDF:
Date: 03/13/2019
Proceedings: Petitioner's Response to NICA's Request for Production filed.
PDF:
Date: 03/13/2019
Proceedings: Petitioner's Notice of Service of Unverified Answers to NICA's Expert Interrogatories to Petitioner filed.
PDF:
Date: 03/11/2019
Proceedings: Order Granting Motion to Compel.
PDF:
Date: 03/07/2019
Proceedings: Petitioner's Notice of Service of Unverified Answers to NICA's First Interrogatories filed.
PDF:
Date: 03/07/2019
Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for March 11, 2019; 11:00 a.m.).
PDF:
Date: 02/27/2019
Proceedings: NICA's Motion to Compel Responses to Written Discovery from Petitioner filed.
PDF:
Date: 02/13/2019
Proceedings: Intervenors' Request for Admissions to Petitioner filed.
PDF:
Date: 02/13/2019
Proceedings: Intervenors' Notice of Service of First Interrogatories to Petitioner filed.
PDF:
Date: 01/17/2019
Proceedings: Notice of Hearing by Video Teleconference (hearing set for April 23, 2019; 9:00 a.m.; Gainesville and Tallahassee, FL).
PDF:
Date: 01/10/2019
Proceedings: NICA's Expert Request for Production to Petitioner filed.
PDF:
Date: 01/10/2019
Proceedings: NICA's Request for Production to Petitioner filed.
PDF:
Date: 01/10/2019
Proceedings: NICA's Notice of Service of Expert Interrogatories to Petitioner filed.
PDF:
Date: 01/10/2019
Proceedings: NICA's Notice of Service of First Interrogatories to Petitioner filed.
PDF:
Date: 11/30/2018
Proceedings: Order Granting Continuance (parties to advise status by December 31, 2018).
PDF:
Date: 11/29/2018
Proceedings: Joint Motion to Continue Final Hearing filed.
PDF:
Date: 11/26/2018
Proceedings: NICA's Request for Production to Intervenor, Shands Teaching Hospital and Clinics, Inc. filed.
PDF:
Date: 11/21/2018
Proceedings: Intervenors' Request to Produce to Petitioner filed.
PDF:
Date: 10/22/2018
Proceedings: Notice of Case Reassignment.
PDF:
Date: 10/17/2018
Proceedings: Order Granting Motion to Intervene.
PDF:
Date: 10/17/2018
Proceedings: Order Granting Motion to Intervene.
PDF:
Date: 10/17/2018
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 10/17/2018
Proceedings: Notice of Hearing by Video Teleconference (hearing set for December 20, 2018; 9:30 a.m.; Gainesville and Tallahassee, FL).
PDF:
Date: 10/16/2018
Proceedings: Petitioner's Amended Status Report filed.
PDF:
Date: 10/15/2018
Proceedings: Supplemental Status Report filed.
PDF:
Date: 10/15/2018
Proceedings: Notice of Appearance (Daniel D' Alesio) filed.
PDF:
Date: 10/08/2018
Proceedings: Petition to Intervene filed.
PDF:
Date: 10/08/2018
Proceedings: Petition to Intervene filed.
PDF:
Date: 10/08/2018
Proceedings: Petitioner's Status Report filed.
PDF:
Date: 10/04/2018
Proceedings: Status Report filed.
PDF:
Date: 09/24/2018
Proceedings: Order (regarding availability, estimated hearing time, and venue for compensability hearing).
PDF:
Date: 09/21/2018
Proceedings: NICA's Response to Amended Petition for Determination of Eligibility for Benefits Pursuant to Florida Statute Section 766.301, ET SEQ. filed.
PDF:
Date: 08/17/2018
Proceedings: Order Granting Eighth Extension of Time.
PDF:
Date: 08/15/2018
Proceedings: NICA's Unopposed Motion for further Extension of Time to Respond to Petition filed.
PDF:
Date: 07/23/2018
Proceedings: Order Granting Seventh Extension of Time.
PDF:
Date: 07/20/2018
Proceedings: Certificate of No Objection to Notice of Non-party Production of Documents & Things Without Deposition filed.
PDF:
Date: 07/19/2018
Proceedings: NICA's Unopposed Motion for Further Extension of Time to Respond to Petition filed.
PDF:
Date: 07/19/2018
Proceedings: Notice for Production of Documents and Things without Deposition under Rule 1.351 Florida Rules of Civil Procedure filed.
PDF:
Date: 06/19/2018
Proceedings: Order Granting Sixth Extension of Time.
PDF:
Date: 06/18/2018
Proceedings: NICA's Unopposed Motion for Further Extension of Time to Respond to Petition filed.
PDF:
Date: 05/23/2018
Proceedings: Order Granting Fifth Extension of Time.
PDF:
Date: 05/23/2018
Proceedings: NICA's Unopposed Motion for further Extension of Time to Respond to Petition filed.
PDF:
Date: 05/16/2018
Proceedings: Notice of Appearance filed.
PDF:
Date: 05/14/2018
Proceedings: Order Granting Motion to File Amended Petition.
PDF:
Date: 05/14/2018
Proceedings: Order Granting Fourth Extension of Time.
PDF:
Date: 04/30/2018
Proceedings: Petitioner's Motion to File Amended Petition for Benefits Pursuant to Florida Statute Section 766.301, et seq. filed.
PDF:
Date: 04/24/2018
Proceedings: Motion for Extension of Time in which to Respond to Petition filed.
PDF:
Date: 03/26/2018
Proceedings: Order Granting Third Extension of Time.
PDF:
Date: 03/23/2018
Proceedings: Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 02/21/2018
Proceedings: Order Granting Extension of Time.
PDF:
Date: 02/05/2018
Proceedings: Motion for Extension of Time in which to Respond to Petition filed.
PDF:
Date: 12/18/2017
Proceedings: Order Granting Extension of Time.
PDF:
Date: 12/14/2017
Proceedings: Motion for Extension of Time in which to Respond to Petition filed.
PDF:
Date: 11/21/2017
Proceedings: Order (Motion to accept K. Shipley as qualified representative granted).
PDF:
Date: 11/08/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 11/08/2017
Proceedings: Motion to Act as a Qualified Representative before the Division of Administrative Hearings filed.
PDF:
Date: 10/30/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 10/24/2017
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 10/24/2017
Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
PDF:
Date: 10/24/2017
Proceedings: Initial Order.
PDF:
Date: 10/13/2017
Proceedings: Letter to Terri Dikko from Eileen Haywood enclosing the Dr.'s address filed.
Date: 10/12/2017
Proceedings: NICA filing fee $15.00: Check No. 3154 filed (not available for viewing).
PDF:
Date: 10/02/2017
Proceedings: Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.

Case Information

Judge:
W. DAVID WATKINS
Date Filed:
10/13/2017
Date Assignment:
10/22/2018
Last Docket Entry:
05/01/2020
Location:
Gainesville, Florida
District:
Northern
Agency:
Florida Birth-Related Neurological Injury Compensation Associati
Suffix:
N
 

Counsels

Related Florida Statute(s) (12):