18-005247N Ashley Mathis And Justin Bates, Individually And As Parents And Next Friends Of Aiden Bates, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, March 29, 2019.

Summary: ALJ entered Final Order approving stipulation and joint petition for compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ASHLEY MATHIS and JUSTIN BATES,

individually and as parents and

next friends of AIDEN BATES, a

minor,

Petitioners,

vs. Case No. 18 - 5247N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent,

and

ORLANDO HEALTH, INC., d/b/a

WINNIE PALMER HOSPITAL FOR WOMEN

AND BABIES,

Intervenor.

_______________________________/

FINAL ORDER APPROVING STIPULATIO N FOR ENTRY OF AWARD

This cause came on for consider ation 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 Neurolog ical Injury Pursuant to

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

filed with the Division of Administrative Hearings on January 3,

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 exclus ive

remedy otherwise available as outlined in chapter 766.

By the terms of their stipulation, Petitioners, Ashley

Mathis and Justin Bates, as parents and natural guardians of

Aiden Bates (Aiden), a minor, and Respondent, the Florida Birth -

Related Neurologi cal Injury Compensation Association (NICA),

have agreed that Ashley Mathis and Justin Bates are the parents

and legal guardians of Aiden, a minor; that Aiden was born a

live infant on or about January 19, 2017, at Orlando Health,

Inc., d/b/a Winnie Palmer Hospital for Women and Babies, a

ÐhospitalÑ as defined by section 766.302(6) located in Orlando,

Florida; and that AidenÓs birth weight exceeded 2,500 grams.

The Parties have further agreed that Lisa Engel, M.D., provided

obstetrical services at AidenÓs d elivery under the supervision

of Jeannie McWhorter, M.D. The Parties stipulate that, at all

material times, Dr. McWhorter 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

Aiden suffered a Ðbirth - related neurological injury,Ñ as that

term is defined by section 766.302(2).

It is ORDERED:

1. The Stipulation and Joint Petition filed on January 3,

2019, is hereby approved, and the Parties are di rected to comply

with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Ashley Mathis and Justin Bates, as the

parents and legal guardians of Aiden, a minor, are awarded one

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

7 66.31(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

Join t Petition; and payments of future expenses, as incurred.

3. NICA will reimburse the McMillen Law Firm, P.A.,

attorneys for Petitioners, an agreed - upon attorneyÓs fee of

$10,000.00 and expenses of $255.94, totaling $10,255.94 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 $10,255.94 for attorneyÓs fees and costs,

the claims of Petitioners shall be deemed fully satisfied and

extinguished, except for Respondent's continu ing 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

th is Order.

DONE AND ORDERED this 16th day of January , 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 Clerk of the

Division of Administrative Hearings

this 16th day of January , 2019 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Execu tive Director

Florida Birth Related Neurological

Injury Compensation Association

Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7012 1640 0000 7869 7747)

Allison C. McMillen, Esquire

McMillen Law Firm, P.A.

608 East Central Boulevard

Orlando, Florida 32801

(eServed)

(Certified Mail No. 7012 1640 0000 7869 7754)

Richards H. Ford, Esquire

Wicker, Smith, O'Hara,

McCoy and Ford, P.A.

Suite 1000

390 North Orange Avenue

Orlando, Florida 32801

(Certified Mail No. 7012 1640 0000 7869 7761)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7012 1640 0000 7869 7778)

Mary Mayhew , Secretary

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(Certified Mail No. 7012 1640 0000 7869 7785)

Jeannie McWhorter, M.D.

83 West Miller Street

Orlando, Florida 32806

(Certified Mail No. 7012 1640 0000 7869 7792)

NOTICE OF RIG HT 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 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 prescr ibed by

law, with the clerk of the appropriate District 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).