18-000503N James Johnson And Lindsey Johnson, On Behalf Of And As Parents And Natural Guardians Of Cooper Reily Johnson, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, May 24, 2018.

Summary: Final Order approving Stipulation for NICA compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JAMES JOHNSON AND LINDSEY

JOHNSON, on behalf of and as

parents and natural guardians of

COOPER REILY JOHNSON, a deceased

minor,

Petitioners,

vs. Case No. 18 - 0503N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPE NSATION

ASSOCIATION,

Respondent,

and

VIRGIL DAVILA, M.D.,

Intervenor.

_______________________________/

FINAL ORDER APPROVING STIPULATIO N FOR ENTRY OF AWARD

This cause came on for consideration pursuant to section s

766.304 and 766.305(7), Florida 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 th e Division of Administrative Hearings on May 14,

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 availab le as outlined in chapter 766.

By the terms of their stipulation, Petitioners, as parents

and natural guardians of Cooper Riley Johnson, deceased, and

Respondent, the Florida Birth - Related Neurological Injury

Compensation Association (NICA), have agreed th at James Johnson

and Lindsey Johnson are the parents and legal guardians of

Cooper Riley Johnson (Cooper), deceased; that Cooper was born a

live infant on or about June 13, 2017, at Winnie Palmer

Hospital, a Ðhospital , Ñ as defined by section 766.302(6) loc ated

in Orlando, Florida; and that CooperÓs birth weight exceeded

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

Davila , M.D., provided obstetrical services at CooperÓs delivery

and was a Ðparticipating physicianÑ in the Florida Birth - Related

Ne urological Injury Compensation Plan, as defined by section

766.302(7). The Parties have agreed that Cooper 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

his injury and subsequent death.

It is ORDERED:

1. The Stipulation and Joint Petition filed on May 14,

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

with the provisions of the Stipulation and Joint Petition.

2. Petitioners, James Johnson and Lind sey Johnson, as the

parents and legal guardians of Cooper Riley Johnson, 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 d ate 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. NICA will reimbu rse Brian Lamb, Esquire, attorney for

Petitioners, an agreed - upon attorneyÓs fee of $5,880.00 and

expenses of $15.00, totaling $5,895.00 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 $5,895.00 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 reso lve any disputes, should

they arise, regarding the PartiesÓ compliance with the terms of

this Order.

DONE AND ORDERED this 24th day of May , 2018 , in

Tallahassee, Leon County, Florida.

S

W. DAVID WATKINS

Administrative L aw 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 24t h day of May , 2018 .

COPIES FURNISHED:

(via certified mail)

Brian C. Lamb, Esquire

Martinez Manglardi, P.A.

540 North Semoran Boulevard

Orlando, Florida 32807

(Certified Mail No. 7016 0910 0001 7987 7609)

Kenney Shipley, Executive Director

Florida Birt h Related Neurological

Injury Compensation Association

Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7016 0910 0001 7987 7616)

Joseph P. Menello, Esquire

Wicker, Smith, O'Hara, McCoy and Ford, P.A.

Suite 1000

3 90 North Orange Avenue

Orlando, Florida 32801

(eServed)

(Certified Mail No. 7016 0910 0001 7987 7623)

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 7630)

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 7647)

Winnie Palmer Ho spital

Attention: Risk Management

83 West Miller Street

Orlando, Florida 32806

(Certified Mail No. 7016 0910 0001 7987 7654)

NOTICE OF RIGHT TO JUDICIAL REVIEW

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

by appeal to the District C ourt 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 t he 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 Court of Appeal.

See § 766.311(1), Fla. Stat., and Fla. Bir th - Related

Neurological Injury Comp. Ass'n v. Carreras , 598 So. 2d 299

(Fla. 1st DCA 1992).