18-000391N Angela Barneski And Moises Huntt, Individually And Parents Of Luke Huntt, Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, April 11, 2018.

Summary: The administrative law judge entered an Order approving the Stipulation and Joint Petition.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ANGELA BARNESKI and MOISES

HUNTT, Individually and Parents

of LUKE HUNTT, deceased,

Petitioners,

vs. Case No. 18 - 0391N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent,

and

FLAGLER HOSPITAL, INC.,

Intervenor.

_______________________________/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on for consideration pursuant to

sections 766.304 and 766.305(7), Florida Statute s, upon the

Stipulation and Joint Petition for Compensation of Claim Arising

O ut of Florida Birth - Related Neurological Injury Pursuant to

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

filed with the Division of Administrative Hearings on April 9,

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 te rms of their stipulation, Petitioners, as parents

and natural guardians of Luke Huntt , deceased, and Respondent,

the Florida Birth - Related Neurological Injury Compensation

Association (NICA) , have agreed that Angela Barneski and Moises

Huntt are the parent s and legal guardians of Luke Huntt ,

deceased; that Luke Huntt was born a live infant on or about

June 12, 2017 , at Flagler Hospital, a Ðhospital , Ñ as defined by

section 766.302(6) , located in St. Augustine , Florida; and that

Luke Huntt Ós birth weight exc eeded 2,500 grams. The Parties have

further agreed that Laila Needham, M.D. and Erick Pulsfus, M.D.,

provided obstetrical services at Luke Huntt Ós delivery and w ere

Ðparticipating physician s Ñ in the Florida Birth - Related

Neurological Injury Compensation P lan, as defined by section

766.302(7). The Parties have agreed that Luke Huntt 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 h is

injury and subsequent death.

It is ORDERED:

1. The Stipulation and Joint Petition filed on April 9,

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

with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Angela Barneski and Moises Huntt , as the

parents and legal guardians of Luke Huntt , 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 Peti tion 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. NICA will reimburse Ronald S. Gilbert, Esquire , attor ney

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, the death

benefit of $10,000.00, past benefit/expenses, and $ 10,500.00 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 t hey

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

Order.

DONE AND ORDERED this 11th day of April , 2018 , in

Tallahassee, Leon County, Florida.

S

TODD P. RESAVAGE

Administrative Law Judge

Division of Admi nistrative 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 11th day of April , 2018 .

C OPIES 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 Number 7016 0910 0001 7980 2 076)

Vanessa L. Brice, Esquire

Colling Gilbert Wright & Carter

Suite 830

801 North Orange Avenue

Orlando, Florida 32801

(eServed)

(Certified Mail Number 7016 0910 0001 7980 2 083 )

Ronald S. Gilbert, Esquire

Colling Gilbert Wright & Carter, LLC

Suit e 830

801 North Orange Avenue

Orlando, Florida 32801

(eServed)

(Certified Mail Number 7016 0910 0001 7980 2 090 )

Paula J. Lozano, Esquire

Walters Levine & Lozano

Sarasota City Center

1819 Main Street, Suite 1110

Sarasota, Florida 34236

(eServed)

(Certifi ed Mail Number 7016 0910 0001 7980 2 106 )

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail Number 7016 0910 0001 7980 2 113 )

Justin Senior , Secret ary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail Number 7016 0910 0001 7980 2 120 )

Laila Needham, M.D.

400 Health Park Boulevard

St. Augustine, Florida 3 2086

(Certified Mail Number 7016 0910 0001 7980 2137)

Eric Puls fus , M.D.

400 Health Park Boulevard

St. Augustine, Florida 32086

(Certified Mail Number 7016 0910 0001 7980 2144)

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).