19-000738N Elizabeth Midland And Christopher Midland, On Behalf Of And As Parents And Natural Guardians Of Jolee Harper Midland, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, August 27, 2019.

Summary: The Stipulation and Joint Petition for Compensation is approved.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ELIZABETH MIDLAND AND

CHRISTOPHER MIDLAND, on behalf

of and as parents and natural

guardians of JOLEE HARPER

MIDLAND, a minor,

Petitioners,

vs. Case No. 19 - 0738N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPEN SATION

ASSOCIATION,

Respondent,

and

MICHAEL HENNESSEY, M.D.,

Intervenor.

_______________________________/

FINAL ORDER

On August 20, 2019, Petitioners and Respondent filed a

Stipulation and Joint Petition for Comp ensation Arising Out of

Florida Birth - Related Neurolog ical Injury Pursuant to

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

On August 21, 2019, the administrative law judge entered an

Order instructing Intervenor to notify the Division o f

Administrative Hearings no later than August 28, 2019, whether

he objected to the entry of a f inal o rder approving the

Stipulation and Joint Petition. That same day, Intervenor filed

a response stat ing that he had no objection to the entry of a

final or der adopting the Stipulation and Joint Petition.

Petitioner s and Respondent seek the entry of an order

approving the resolution of a claim for benefits filed in

accordance with the provisions of chapter 766 , Florida Statutes .

FINDINGS OF FACT

Based on the stipulation of Petitioner s and Respondent, the

following facts are found:

1. Elizabeth Midland and Christopher Midland (Petitioners)

are the parents and legal guardians of Jolee Harper Midland

(Jolee), and are the ÐClaimantsÑ as defined by section

766.30 2(3).

2. Jolee incurred a Ðbirth - related neurological injuryÑ as

defined in section 766.302(2), on or about January 18, 2018,

which was the sole and proximate cause of JoleeÓs current

medical condition.

3. At birth, Jolee weighed 2,850 grams.

4. Stephan ie Caywood, M.D., rendered obstetrical services

in the delivery of Jolee and, at all times material to this

proceeding, was a Ðparticipating physicianÑ as defined in

section 766.302(7).

5. Fort Walton Beach Medical Center is a hospital located

in Fort Wal ton Beach, Florida, and is the ÐhospitalÑ as that

term is defined in section 766.302(6).

6. Petitioners filed a petition pursuant to section

766.305, seeking compensation from the Florida Birth - Related

Neurological Injury Compensation Association ( NICA ) , and that

petition is incorporated herein by reference in its entirety,

including all attachments. Any reference made within this

document to NICA encompasses, where appropriate, the Florida

Birth - Related Neurological Injury Compensation Plan (Plan).

CONCL USIONS 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 judge to approve the settlem ent of any claim

where NICA determines that the injury is compensable.

CONCLUSION

Based on the Findings of Fact and Conclusion s of Law,

It is ORDERED:

1. The Stipulation and Joint Petition filed August 20,

2019, is approved, and the parties are directed t o comply with

the provisions of the Stipulation and Joint Petition.

2. Petitioners, Elizabeth Midland and Christopher Midland,

as the parents and legal guardians of Jolee Harper Midland, are

awarded one hundred thousand dollars ($100,000), to be paid to

t he parents as periodic payments, pursuant to section

766.31(1)(b), 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. Upon the payment of the award of $100,000, and past

benefits/expenses, PetitionersÓ claims shall be deemed fully

satisfied and extinguished, except for RespondentÓs continuing

obligation under section 766.31(2) to pay future expenses as

incurred.

4. The Division of Admin istrative 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 27th day of August , 2019 , 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

Fil ed with the Clerk of the

Division of Administrative Hearings

this 27th day of August , 2019 .

COPIES FURNISHED:

(via certified mail)

Elizabeth Midland

Christopher Midland

21 Caswell Circle

Mary Esther, Florida 32569

(Certified Mail No. 7018 3090 0002 18 80 7653)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7018 3090 0002 1880 7660)

Michael R. D'Lugo, Esquire

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

Suite 1000

390 North Orange Avenue

Orlando, Florida 32802

(eServed)

(Certified Mail No. 7018 3090 0002 1880 7677)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Wa y, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7018 3090 0002 1880 7684)

Mary C. Mayhew , Secretary

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7018 3090 00 02 1880 7691)

Fort Walton Beach Medical Center

Attention: Risk Management

1000 Mar Walt Drive

Fort Walton Beach, Florida 32457

(Certified Mail No. 7018 3090 0002 1880 7707)

Stephanie Caywood, M.D.

Northwest Florida Womens Care

N umber 2024

907 Mar Walt Drive

Fort Walton Beach, Florida 32547

(Certified Mail No. 7018 3090 0002 1880 7714)

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

766.3 11(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 w ithin 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 Injury Comp. Ass 'n v. Carreras , 598 So. 2d 299

(Fla. 1st DCA 1992).