18-003018N Kassady O?Connor, Individually And As Parent And Next Friend Of Olivia O?Connor, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, May 15, 2019.

Summary: Final Order approving Stipulation for NICA compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KASSADY OÓCONNOR, individually

and as parent and next friend of

OLIVIA OÓCONNOR, a minor,

Petitioner,

vs. Case No. 18 - 3018N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent,

and

MEETESH DESAI, M.D.; VOLUSIA

OB/GYN, P.A.; AND MEMORIAL

HEALTH SYSTEMS, INC., d/b/a

FLORIDA HOSPITAL MEMORIAL

MEDICAL CENTER,

Intervenors.

_______________________________/

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 April 15,

2019, for the entry of an order approving the resolution of a

claim for compensation benefits filed in accordance with the

provisions of cha pter 766 and a resolution of the exclusive

remedy otherwise available as outlined in chapter 766.

By the terms of their stipulation, Petitioner, Kassady

OÓConner, as parent and natural guardian of Olivia OÓConner

(Olivia) , a minor, and Respondent, Florida Birth - Related

Neurological Injury Compensation Association (NICA), have agreed

that Kassady OÓConner is the parent and natural guardian of

Olivia ; that Olivia was born a live infant on or about February

19, 2016, at Memorial Health Systems, Inc. , d/b/a Flo rida

Hospital Memorial Medical Center, a ÐhospitalÑ as defined by

section 766.302(6) located in Daytona Beach, Florida; and that

OliviaÓs birth weight exceeded 2,500 grams. The Parties have

further agreed that Meetesh Desai, M.D., provided obstetrical

ser vices at Olivia's 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 Olivia suffered a Ðbirth - related

neurological injury,Ñ as tha t term is defined by section

766.302(2), which was the sole and proximate cause of Olivia's

current medical condition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on April 15,

2019, is hereby approved, and the Parties are directed to comply

with the provisions of the Stipulation and Joint Petition.

2. Petitioner, Kassady OÓConner, as the parent and natural

guardian of Olivia OÓConner, a minor, is awarded one hundred

thousand dollars ($100,000.00), pursuant to section

766.31(1)(b)1., to be p aid as a lump sum to Kassady OÓConner;

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 19 of the Stipulation and

Joint Petition; and p ayments of future expenses, as incurred.

3. NICA will reimburse McMillen Law Firm, A Professional

Association, attorneys for Petitioner, an agreed - upon attorneyÓs

fee of $10,000.00 and expenses of $1,895.33 (one thousand eight

hundred ninety - five dollars and thirty - three cents), totaling

$11,895.33 in full for services rendered in the filing of this

claim.

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

benefit/expenses, and $11,895.33 for attorneyÓs fees and costs,

the claims of Petitioner shall be deemed fully satisfied and

extinguished, except for Respondent's continuing obligation under

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

5. The Division of Administrative Hearings 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 15 th day of May , 2019 , in

Tallahassee, Leon County, Florida.

S

W. DAVID WATKINS

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 the Clerk of the

Division of Administrative Hearings

this 1 5 th day of May , 2019 .

COPIES FURNISHED:

(via certified mail)

Allison C. McMillen, Esquire

McMillen Law Firm, P.A.

608 East Central Boulevard

Orlando, Florida 32801

(eServed)

(Certified Mail No. 7018 0040 0000 9774 0724)

Kenney Shipley, Executive Director

Florida Birth Rela ted Neurological

Injury Compensation Association

Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7018 0040 0000 9774 0731)

Larry D. Hall, Esquire

Adams Hall Scieffelin & Smith, P.A.

Post Office Box 1090

Winter Pa rk, Florida 32790

(eServed)

(Certified Mail No. 7018 0040 0000 9774 0748)

Craig S. Foels, Esquire

Estes, Ingram, Foels & Gibbs

Suite 300

37 North Orange Avenue

Orlando, Florida 32801

(eServed)

(Certified Mail No. 7018 0040 0000 9774 0755)

Amie Rice, In vestigation 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 0762)

Mary C. Mayhew , Secretary

Agency for Health Care Administration

2727 Mahan Drive , Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7018 0040 0000 9774 0779)

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 Inju ry Comp. Ass'n v. Carreras , 598 So. 2d 299

(Fla. 1st DCA 1992).