18-005070N Jacqueline Amorim And Matthew Haggenmiller, On Behalf Of And As Parents And Natural Guardians Of Vera Sophia Haggenmiller, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, May 30, 2019.

Summary: The administrative law judge entered a Final Order approving stipulation and joint petition for compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JACQUELINE AMORIM AND MATTHEW

HAGGENMILLER, on behalf of and

as parents and natural guardians

of VERA SOPHIA HAGGENMILLER, a

minor,

Petitioners,

vs. Case No. 18 - 5070N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY C OMPENSATION

ASSOCIATION,

Respondent.

_______________________________/

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 Statute s, 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 the Division of Administrative Hearings on

February 11, 2019, 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 a vailable as outlined in

chapter 766.

By th e terms of their stipulation, Petitioners, Jacqueline

Amorim and Matthew Haggenmiller, as parents and natural guardians

of Vera Sophia Haggenmiller (Vera) , a minor, and Respondent, the

Florida Birth - Related Neurological Injury Compensation

Association (NIC A), have agreed that Jacqueline Amorim and

Matthew Haggenmiller are the parents and legal guardians of Vera,

a minor; that Vera was born a live infant on or about April 5,

2018, at Memorial Regional Hospital, a ÐhospitalÑ as defined by

section 766.302(6) l ocated in Hollywood, Florida; and that VeraÓs

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

agreed that Martha Garzon, M.D., provided obstetrical services at

Vera's 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 Vera

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 Vera's curren t medical condition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on February 11,

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

with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Jacqueline Amorim and Matthew Haggenmiller,

as the parents and legal guardians of Vera, a minor, are awarded

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

766.31(1)(b)1., to be paid as a lump sum to the parents; 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 payments of future expenses, as incurred.

3. NICA will reimburse Gary Cohen, Esquir e, attorney for

Petitioners, an agreed - upon attorneyÓs fee of $5,500.00 and

expenses of $437.08, totaling $5,937.08 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 $5,9 37.08 for attorneyÓs fees and costs, the

claims of Petitioners 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 H earings 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 14th day of February , 2019 , in

Tallahassee, Leon County, Florida.

S

TODD P. RESAVAGE

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 C lerk of the

Division of Administrative Hearings

this 14th day of February , 2019 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

Suite 1

2360 Christopher Plac e

Tallahassee, Florida 32308

(eServed)

( Certified Mail No. 7016 0910 0001 7987 8439 )

Gary Michel Cohen, Esquire

Grossman Roth, P.A.

Suite 350

925 South Federal Highway

Boca Raton, Florida 33432

(eServed)

( Certified Mail No. 7016 0910 0001 7987 8729 )

A mie 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 8736 )

Mary C. Mayhew , Secretary

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

( Certified Mail No. 7016 0910 0001 7987 8743 )

Martha Garzon, M.D.

Suite 400

1150 North 35 Avenue

Hollywood, Florida 33021

( Certified Mail No. 7016 0910 0001 7987 8750 )

Memorial Regional Hos pital

Attention: Risk Management

3501 Johnson Street

Hollywood, Florida 33021

( Certified Mail No. 7016 0910 0001 7987 8767 )

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. Bi rth - Related Neurological

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

1992).