19-002177N Heather Mcclain And Yves-Marie Noel, Individually And As Parents And Next Friends Of Alexandria Noel, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, July 24, 2019.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

HEATHER MCCLAIN and YVES - MARIE

NOEL, individually and as

parents and next friends of

ALEXANDRIA NOEL, a minor,

Petitioners,

vs. Case No. 19 - 2177N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATI ON,

Respondent,

and

ORLANDO HEALTH, INC., d/b/a

WINNIE PALMER HOSPITAL FOR WOMEN

AND BABIES,

Intervenor.

_______________________________/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on fo r consideration 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 Neurological Injury Pursuant to

Chapter 766, Florida Statutes (Stipulatio n and Joint Petition),

filed with the Division of Administrative Hearings on July 19,

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 t he exclusive

remedy otherwise available as outlined in chapter 766.

By the terms of their stipulation, Petitioner s , Heather

McClain and Yves - Marie Noel, as parent s and natural guardian s of

Alexandria Noel , a minor, and Respondent, the Florida Birth -

Related Neurological Injury Compensation Association (NICA), have

agreed that Heather McClain and Yves - Marie Noel are the parent s

and legal guardian s of Alexandria Noel ( Alexandria ), a minor;

that Alexandria was born a live infant on or about February 28,

2015 , a t Winnie Palmer Hospital for Women and Babies , a

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

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

The p arties have further agreed that April Merrit , M.D., provided

obstetri cal services at AlexandriaÓs delivery and was a

Ðparticipating physicianÑ in the Florida Birth - Related

Neurological Injury Compensation Plan, as defined by section

766.302(7). The p arties have agreed that Alexandria 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

Alexandria 's current medical condition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on July 19,

2019 , is hereby approved, and the p arties are directed to comply

with the provisions of the Stipulation and Joint Petition.

2. Petitioner s , Heather McClain and Yves - Marie Noel , as the

parent s and legal guardian s of Alexandria , 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 parent s ;

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 Stipula tion and

Joint Petition; and payments of future expenses, as incurred.

3. NICA will reimburse McMillen Law Firm , P.A., attorney s

for Petitioner s , an agreed - upon attorneyÓs fee of $ 10,000.00 and

expenses of $ 23.95 , totaling $ 10,023.95 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 $ 10,023.95 for attorneyÓs fees and costs,

the claims of Petitioner s 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 Hearings retains

jurisdiction over this matter to resolve any disputes, should they

arise, regarding the p artiesÓ compliance with the te rms of this

Order.

DONE AND ORDERED this 2 4th day of July, 2019 , in

Tallahassee, Leon County, Florida.

S

TODD P. RESAVAGE

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Pa rkway

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 2 4th day of July, 2019 .

COPIES FURNISHED:

(via certified mail)

Allison C. McMillen , Esquire

McMillen Law Firm, P.A.

608 East Central Boulevard

Orlando, Florida 32801

(eServed)

(Certified Mail No. 7014 2120 0003 1053 8216)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

Suite 1

23 60 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7014 2120 0003 1053 8223 )

Taylor A. McLeod

Wicker Smith

Suite 1000

390 North Orange Avenue

Orlando, Florida 32801

(eServed)

(Certified Mail No. 7014 2120 0003 1053 8230 )

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7014 2120 0003 1053 8247)

Mary C. Mayhew , Secretary

Agency for Health Care Administration

2727 Ma han Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7014 2120 0003 1053 8254)

April Merritt, M.D.

1116 Lucerne Terrace

Orlando, Florida 3280 6

(Certified Mail No. 7014 2120 0003 1053 8261)

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

766.311(1), Florida Statutes. Review proceedings are governed by

the Florida Rules of Appellate Procedure. Such proceedings ar e

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 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).