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.

Summary: The parties' stipulation for benefits under the NICA Plan is approved.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ELICIA BARBER, on behalf of and

as Parent and Natural Guardian

of LEVI HARPER, a minor ,

Petitioner ,

vs. Case No. 19 - 1888N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION ,

Respondent .

/

FINAL ORDER

On November 25, 2019, the parties filed a Stipulation and

Joint Petition for Compensation of Claim Arising Out of Florida

Birth - Related Neurological Injury Pursuant to Chapter 766,

Florida Sta tutes (Stipulation and Joint Petition). Petitioner

and the Florida Birth - Related Neurological Injury Compensation

Association (NICA) seek entry of an order approving the

resolution of the claim for benefits filed in accordance with

the provisions of chapt er 766, Florida Statutes.

FINDINGS OF FACT

Based upon Petitioner and Respondent’s stipulation, the

following facts are found:

1. Elicia Barber (Petitioner) is the parent and legal

by section 766.302(2).

2. On or about May 11, 2019, Levi incurred a “birth -

related neurological injury” as that term is defined in section

766.302(2), which was the sole and proximate cause of Levi’s

birth - related injury.

3. At birth, Levi weighed 2,940 grams.

4. Fernando Moreno, M.D., David Miller, M.D., and Daina

Green , M.D., rendered obstet r ical services in the delivery of

Levi and, at all times material to this proceeding, were

“participating physicians” as that term is defined in section

766.302(7).

5. St. V incent’s Medical Center is a hospital located in

Jacksonville, Florida, and is the “hospital” as that term is

defined in section 766.302(6), where Levi was born.

6. Petitioner filed a petition pursuant to section

766.305, seeking compensation from NICA, a nd that Petition is

incorporated 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 (the Plan).

CONCLUS IONS 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 settlemen t of any claim

where NICA determines that the injury is compensable.

CONCLUSION

Based upon the Findings of Fact and Conclusions of Law, it

is

ORDERED:

1. The Stipulation and Joint Petition filed November 25,

2019, is approved, and the parties are directed to comply with

provisions of the Stipulation and Joint Petition.

2. Petitioner, Elicia Barber, as the parent and legal

guardian of Levi Harper, is awarded one hundred thousand dollars

($100,000 .00 ), to be paid to the parent as periodic payments,

pursuant to section 766.31(1)(b). Petitioner is also awarded

payment of benefits as authorized pursuant to section

766.31(1)( a), subject to the provisions of paragraph 19 of the

parties’ Stipulation and Joint Petition.

3. NICA will reimburse Grant Kuvin, Esquire , attorney for

Petitioner, an agreed - upon attorney’s fee of Twelve Thousand

Five Hundred Dollars ($12,500.00) and expenses of One Thousand

Eight Hundred Thirty - four Dollars and Seventy - Five Cents

($1,834.75), totaling Fourteen Thousand Three Hundred Thirty -

Four Dollars and Seventy - Five Cents ($14,334.75) in full, for

services rendered in this proceeding.

4. Upon the payment of the award of $100,000, and past

benefits/expenses, and payment of the attorney’s fee awarded to

Petitioner’s counsel, Petitioner’s claim s shall be deemed fully

satisfied and extinguished, except for Respondent’s continuing

obligation under section 766.301(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 parties’ compliance with the terms of

this Order.

DONE AND ORDERED this 9th day of December , 2019 , in

Tallahassee, Leon County, Florida.

LISA SHEARER NELSON

Administrativ e 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

thi s 9th day of December , 2019 .

COPIES FURNISHED:

(via certified mail)

Grant A. Kuvin, Esquire

Morgan & Morgan

Suite 1100

76 South Laura Street

Jacksonville, Florida 32202

(eServed)

(Certified Mail No. 7018 3090 0002 1880 8001)

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 8018)

Amie Rice, Investigation Manager

Consumer Services Unit

Depart ment of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7018 3090 0002 1880 8025)

Mary C. Mayhew , Secretary

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServe d)

(Certified Mail No. 7018 3090 0002 1880 8032)

St. Vincent’s Medical Center Riverside

Attention: Risk Management

1 Shircliff Way

Jacksonville, Florida 32204

(Certified Mail No. 7018 3090 0002 1880 8049)

Daidre Azueta, M.D.

2627 Riverside Avenue

Jack sonville, Florida 32204

(Certified Mail No. 7018 3090 0002 1880 8056)

Daina Green e , M.D.

Suite 600

2 Shircliff Way

Jacksonville, Florida 32204

(Certified Mail No. 7018 3090 0002 1880 8063)

Dana Munn, D.O.

2627 Riverside Avenue

Jacksonville, Florida 32 204

(Certified Mail No. 7018 3090 0002 1880 8070)

Michael Sparkes, M.D.

2627 Riverside Avenue

Jacksonville, Florida 32204

(Certified Mail No. 7018 3090 0002 1880 8087)

David Miller, M.D.

Suite 200

3 Shircliff Way

Jacksonville, Florida 32204

(Certified Mail No. 7018 2290 0000 1309 9049)

Fernando Moreno, M.D.

2627 Riverside Avenue

Jacksonville, Florida 32204

(Certified Mail No. 7018 2290 0000 1309 9056)

NOTICE OF RIGHT TO JUDICIAL REVIEW

Review 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

by the Florida Rules of Appellate Procedure. Such proceedings

are commenced by filing the original notice of administrative

appe al 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 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).