19-001888N
Elicia Barber, On Behalf Of And As Parent And Natural Guardian Of Levi Harper, A Minor vs.
Florida Birth-Related Neurological Injury Compensation Association
Status: Closed
DOAH Final Order on Monday, December 9, 2019.
DOAH Final Order on Monday, December 9, 2019.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8ELICIA BARBER, on behalf of and
14as Parent and Natural Guardian
19of LEVI HARPER, a minor ,
24Petitioner ,
25vs. Case No. 19 - 1888N
31FLORIDA BIRTH - RELATED
35NEUROLOGICAL INJURY COMPENSATION
38ASSOCIATION ,
39Respondent .
41/
42FINAL ORDER
44On November 25, 2019, the parties filed a Stipulation and
54Joint Petition for Compensation of Claim Arising Out of Florida
64Birth - Related Neurological Injury Pursuant to Chapter 766,
73Florida Sta tutes (Stipulation and Joint Petition). Petitioner
81and the Florida Birth - Related Neurological Injury Compensation
90Association (NICA) seek entry of an order approving the
99resolution of the claim for benefits filed in accordance with
109the provisions of chapt er 766, Florida Statutes.
117FINDINGS OF FACT
120Based upon Petitioner and Respondents stipulation, the
127following facts are found:
1311. Elicia Barber (Petitioner) is the parent and legal
140by section 766.302(2).
1432. On or about May 11, 2019, Levi incurred a birth -
155related neurological injury as that term is defined in section
165766.302(2), which was the sole and proximate cause of Levis
175birth - related injury.
1793. At birth, Levi weighed 2,940 grams.
1874. Fernando Moreno, M.D., David Miller, M.D., and Daina
196Green , M.D., rendered obstet r ical services in the delivery of
207Levi and, at all times material to this proceeding, were
217participating physicians as that term is defined in section
226766.302(7).
2275. St. V incents Medical Center is a hospital located in
238Jacksonville, Florida, and is the hospital as that term is
248defined in section 766.302(6), where Levi was born.
2566. Petitioner filed a petition pursuant to section
264766.305, seeking compensation from NICA, a nd that Petition is
274incorporated by reference in its entirety, including all
282attachments. Any reference made within this document to NICA
291encompasses, where appropriate, the Florida Birth - Related
299Neurological Injury Compensation Plan (the Plan).
305CONCLUS IONS OF LAW
3097. The Division of Administrative Hearings has
316jurisdiction over the subject matter and the parties to this
326proceeding pursuant to section 766.301.
3318. Section 766.305(7) requires the presiding
337administrative law judge to approve the settlemen t of any claim
348where NICA determines that the injury is compensable.
356CONCLUSION
357Based upon the Findings of Fact and Conclusions of Law, it
368is
369ORDERED:
3701. The Stipulation and Joint Petition filed November 25,
3792019, is approved, and the parties are directed to comply with
390provisions of the Stipulation and Joint Petition.
3972. Petitioner, Elicia Barber, as the parent and legal
406guardian of Levi Harper, is awarded one hundred thousand dollars
416($100,000 .00 ), to be paid to the parent as periodic payments,
429pursuant to section 766.31(1)(b). Petitioner is also awarded
437payment of benefits as authorized pursuant to section
445766.31(1)( a), subject to the provisions of paragraph 19 of the
456parties Stipulation and Joint Petition.
4613. NICA will reimburse Grant Kuvin, Esquire , attorney for
470Petitioner, an agreed - upon attorneys fee of Twelve Thousand
480Five Hundred Dollars ($12,500.00) and expenses of One Thousand
490Eight Hundred Thirty - four Dollars and Seventy - Five Cents
501($1,834.75), totaling Fourteen Thousand Three Hundred Thirty -
510Four Dollars and Seventy - Five Cents ($14,334.75) in full, for
522services rendered in this proceeding.
5274. Upon the payment of the award of $100,000, and past
539benefits/expenses, and payment of the attorneys fee awarded to
548Petitioners counsel, Petitioners claim s shall be deemed fully
557satisfied and extinguished, except for Respondents continuing
564obligation under section 766.301(2) to pay future expenses as
573incurred.
5745 . The Division of Administrative Hearings retains
582jurisdiction over this matter to resolve any disputes, should
591they arise, regarding the parties compliance with the terms of
601this Order.
603DONE AND ORDERED this 9th day of December , 2019 , in
613Tallahassee, Leon County, Florida.
617LISA SHEARER NELSON
620Administrativ e Law Judge
624Division of Administrative Hearings
628The DeSoto Building
6311230 Apalachee Parkway
634Tallahassee, Florida 32399 - 3060
639(850) 488 - 9675
643Fax Filing (850) 921 - 6847
649www.doah.state.fl.us
650Filed with the Clerk of the
656Division of Administrative Hearings
660thi s 9th day of December , 2019 .
668COPIES FURNISHED:
670(via certified mail)
673Grant A. Kuvin, Esquire
677Morgan & Morgan
680Suite 1100
68276 South Laura Street
686Jacksonville, Florida 32202
689(eServed)
690(Certified Mail No. 7018 3090 0002 1880 8001)
698Kenney Shipley, Executive Director
702Florida Birth - Related Neurological
707Injury Compensation Association
710Suite 1
7122360 Christopher Place
715Tallahassee, Florida 32308
718(eServed)
719(Certified Mail No. 7018 3090 0002 1880 8018)
727Amie Rice, Investigation Manager
731Consumer Services Unit
734Depart ment of Health
7384052 Bald Cypress Way, Bin C - 75
746Tallahassee, Florida 32399 - 3275
751(Certified Mail No. 7018 3090 0002 1880 8025)
759Mary C. Mayhew , Secretary
763Agency for Health Care Administration
7682727 Mahan Drive, Mail Stop 1
774Tallahassee, Florida 32308
777(eServe d)
779(Certified Mail No. 7018 3090 0002 1880 8032)
787St. Vincents Medical Center Riverside
792Attention: Risk Management
7951 Shircliff Way
798Jacksonville, Florida 32204
801(Certified Mail No. 7018 3090 0002 1880 8049)
809Daidre Azueta, M.D.
8122627 Riverside Avenue
815Jack sonville, Florida 32204
819(Certified Mail No. 7018 3090 0002 1880 8056)
827Daina Green e , M.D.
831Suite 600
8332 Shircliff Way
836Jacksonville, Florida 32204
839(Certified Mail No. 7018 3090 0002 1880 8063)
847Dana Munn, D.O.
8502627 Riverside Avenue
853Jacksonville, Florida 32 204
857(Certified Mail No. 7018 3090 0002 1880 8070)
865Michael Sparkes, M.D.
8682627 Riverside Avenue
871Jacksonville, Florida 32204
874(Certified Mail No. 7018 3090 0002 1880 8087)
882David Miller, M.D.
885Suite 200
8873 Shircliff Way
890Jacksonville, Florida 32204
893(Certified Mail No. 7018 2290 0000 1309 9049)
901Fernando Moreno, M.D.
9042627 Riverside Avenue
907Jacksonville, Florida 32204
910(Certified Mail No. 7018 2290 0000 1309 9056)
918NOTICE OF RIGHT TO JUDICIAL REVIEW
924Review of a final order of an administrative law judge shall b e by appeal to the District Court of Appeal pursuant to section 766.311(1), Florida Statutes. Review proceedings are governed
955by the Florida Rules of Appellate Procedure. Such proceedings
964are commenced by filing the original notice of administrative
973appe al with the a gency c lerk of the Division of Administrative
986Hearings within 30 days of rendition of the order to be
997reviewed, and a copy, accompanied by filing fees prescribed by
1007law, with the clerk of the appropriate District Court of Appeal.
1018See § 766.311 (1), Fla. Stat., and Fla. Birth - Related
1029Neurological Injury Comp. Ass'n v. Carreras , 598 So. 2d 299
1039(Fla. 1st DCA 1992).
- Date
- Proceedings
- PDF:
- Date: 01/27/2020
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 01/22/2020
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 01/10/2020
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 12/16/2019
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 12/09/2019
- Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
- PDF:
- Date: 11/25/2019
- Proceedings: Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Birth-Related Neurological Injuri Pursuant to Chapter 766, Florida Statutes, filed.
- PDF:
- Date: 10/14/2019
- Proceedings: Motion for Entry of Protective Order Regarding Confidential Documents Related to Petitioner's Medical Records (Motion to Determine Confidentiality of Document) filed.
- PDF:
- Date: 08/14/2019
- Proceedings: Motion for Extension of Time in Which to Respond to Petition filed.
- PDF:
- Date: 07/12/2019
- Proceedings: Motion For Extension of Time in Which to Respond to Petition filed.
- PDF:
- Date: 06/03/2019
- Proceedings: Motion For Extension of Time in Which to Respond to Petition filed.
- PDF:
- Date: 05/06/2019
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 04/26/2019
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 04/26/2019
- Proceedings: Order (Motion to accept K. Shipley as qualified representative granted).
- PDF:
- Date: 04/24/2019
- Proceedings: Motion to Act as a Qualified Representative before the Division of Administrative Hearings filed.
- PDF:
- Date: 04/18/2019
- Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
- PDF:
- Date: 04/18/2019
- Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
- Date: 04/01/2019
- Proceedings: NICA filing fee (Check No. 87530; $15.00 filed (not available for viewing).
Case Information
- Judge:
- LISA SHEARER NELSON
- Date Filed:
- 04/01/2019
- Date Assignment:
- 04/18/2019
- Last Docket Entry:
- 01/27/2020
- Location:
- Jacksonville, Florida
- District:
- Northern
- Agency:
- Florida Birth-Related Neurological Injury Compensation Associati
- Suffix:
- N
Counsels
-
Grant A. Kuvin, Esquire
Suite 1100
76 South Laura Street
Jacksonville, FL 32202
(904) 361-7170 -
Kenney Shipley, Executive Director
Suite 1
2360 Christopher Place
Tallahassee, FL 32308
(850) 488-8191