18-002553N Vanessa Augustin, As Parent And Natural Guardian Of Owens St. Jacques, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, September 5, 2018.

Summary: Final Order approving stipulation for NICA compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

VANESSA AUGUSTIN, as parent and

natural guardian of OWENS ST.

JACQUES, a minor,

Petitioners,

vs. Case No. 18 - 2553N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent,

and

UNI VERSITY COMMUNITY HOSPITAL,

INC., d/b/a FLORIDA HOSPITAL

TAMPA,

Intervenor.

_______________________________/

FINAL ORDER

On August 22, 2018, Petitioner and Respondent filed a

Stipulation and Joint Petition for Compensation of Claim Arising

Out of Florida Birth - Related Neurological Injury Pursuant to

Chapter 766, Florida Statutes. The following day, Intervenor,

University Community Hospital, Inc., d/b/a Florida Hospital

Tampa, filed a notice that, while not stipulating to t he facts

contained within the Joint Stipulation and Joint Petition,

Intervenor did not object to the entry of an o rder approving the

Stipulation and Joint Petition.

Petitioner and Respondent seek the entry of an order

approving the resolution of a claim f or compensation of benefits

filed in accordance with the provisions of chapter 766 and a

resolution of the exclusive remedy otherwise available as

outlined in chapter 766.

FINDINGS OF FACT

Based on the stipulation of Petitioner and Respondent, the

followin g facts are found:

1. Petitioner, Vanessa Augustin , is the mother of Owens St.

Jacques, and is the ÐclaimantÑ as defined by s ection 766.302(2).

2. On or about October 22, 2015, Owens St. Jacques incurred

a Ðbirth - related neurological injuryÑ as that term is defined in

section 766.302(2).

3. At birth, Owens St. Jacques weighed 2924 grams.

4. Ezekiel Aderemi Osuntogun, M.D. , rendered obstetrical

services in the delivery of Ownes St. Jacques and, at all

material times, was a Ðparticipating physicianÑ as de fined in

section 766.203(7).

5 . University Community Hospital, Inc., d/b/a Florida

Hospital Tampa, is a hospital located in Tampa, Hillsborough

County, Florida, and is the Ðhospital,Ñ as that term is defined

in section 766.302(6), where Owens St. Jacques was born.

6. Petitioner filed a petition pursuant to section 766.305,

seeking compensation from the Florida Birth - Related Neurological

Injury Compensation Association ( NICA ) , and that p etition,

including all attachments, is incorporated in its entirety, b y

reference, into the partiesÓ stipulation. By stipulation of the

parties, NICA has determined that the claim for benefits is

compensable. Any reference in the stipulation to NICA

encompasses, where appropriate, the Florida Birth - Related Injury

Compensat ion Plan (the Plan).

CONCLUSIONS OF LAW

7. The Division of Administrative Hearings has jurisdiction

over the subject matter and the parties to this proceeding

pursuant to section 766.301.

8. Section 766.305(7) requires the presiding administrative

law ju dge to approve the settlement of any claim where NICA

determines that the injury is compensable.

It is ORDERED:

1. The Stipulation and Joint Petition filed on August 22,

2018, is hereby approved, and the p arties are directed to comply

with the provision s of the Stipulation and Joint Petition.

2. Petitioner, Vanessa Augustin, as the parent and natural

guardian of Owens St. Jacques, a minor, is awarded one hundred

thousand dollars ($100,000), pursuant to section 766.31(1)(b)1.,

to be paid as a lump sum to Petitioner; as well as payment of

benefits as authorized pursuant to section 766.31(1)(a), subject

to the provisions of paragraph 19 of the partiesÓ Stipulation and

Joint Petition.

3. NICA will also reimburse McMillen Law Firm, a

Professional Association , the attorneys for Petitioner, an

agreed - upon attorneyÓs fee of ten thousand dollars ($10,000), and

expenses of $432.51 in full, for services rendered in the filing

of this claim.

4. Upon the payment of the award of $100,000, past

benefit/expenses, and the award for attorneyÓs fees and costs,

PetitionerÓs claims shall be deemed fully satisfied and

extinguished, except for RespondentÓs continuing obligation under

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

5. The Division of Administrative He arings retains

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 5 th day of September , 2018 , in

Tallahassee, Leon County, Florida.

S

LISA SHEARER NELSON

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 th e Clerk of the

Division of Administrative Hearings

this 5 th day of September , 2018 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place , Su ite 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7018 0040 0000 9774 2940)

Allison C. McMillen, Esquire

McMillen Law Firm, P.A.

608 East Central Boulevard

Orlando, Florida 32801

(eServed)

(Certified Mail No. 7018 0040 0000 9774 2995)

Vict oria Nast Ferrentino, Esquire

Bush Graziano Rice & Platter, P.A.

100 South Ashley Drive , Suite 1400

Tampa, Florida 33602

(eServed)

(Certified Mail No. 7018 0040 0000 9774 2988)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7018 0040 0000 9774 2964)

Justin Senior , Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 323 08

(eServed)

(Certified Mail No. 7018 0040 0000 9774 2971)

Ezekiel Aderemi Osuntogun, M.D.

13942 Jacobson Drive

Odessa, Florida 33556 - 1762

(Certified Mail No. 7018 0040 0000 9774 2957)

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 section

766.311(1), Florida Statutes. Review proceedings are governed by

the Florida Rules of Appellate Procedure. Such proceedings are

commenced by filing the origin al 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 Distric t Court 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).