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Home » Cases Under Administrative Hearing » 19-002178N

19-002178N Kieara Johnson And Joshua Maier, As Parents And Natural Guardians Of Kayden Maier, A Minor Child vs. Florida Birth-Related Neurological Injury Compensation Association
 Status: Closed
DOAH Final Order on Thursday, November 21, 2019.

View Dockets  
Summary: The Stipulation and Joint Petition for Compensation is approved, based on a determination that the infant's injury is compensable.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8KIEARA JOHNSON AND JOSHUA MAIER,

13as parents and natural guardians

18of KAYDEN MAIER, a minor child ,

24Petitioners ,

25vs. Case No. 19 - 2178N

31FLORIDA BIRTH - RELATED

35NEUROLOGICAL INJURY COMPENSATION

38ASSOCIATION ,

39Respondent,

40and

41GALENCARE, INC., d/b/a BRANDON

45REGIONAL HOSPITAL; AND JOSE E.

50LLINAS MESSEGUER, M.D.,

53Intervenors .

55/

56FINAL ORDER

58On November 14, 2019, Petitioners and Respondent filed a

67Stipulation a nd Joint Petition for Compensation of Claim Arising

77Out of Florida Birth - Related Neurological Injury Pursuant to

87Chapter 766, Florida Statutes (Stipulation and Joint Petition).

95The Florida Birth - Related Neurological Injury Compensation

103Association (NICA) represents that they have conferred with

111counsel for Intervenors and are authorized to represent that

120IntervenorsÓ signatures are not necessary.

125Petitioners and Respondent seek the entry of an order

134approving the resolution of the claim for benefits filed in

144accordance with the provisions of chapter 766, Florida Statutes.

153FINDINGS OF FACT

156Based upon Petitioners and RespondentÓs stipulation, the

163following facts are found:

1671. Kieara Johnson and Joshua Maier (Petitioners) are the

176parents and legal guardians o f Kayden Maier (Kayden), and are

187the ÐClaimantsÑ as defined by section 766.302(3), Florida

195Statutes.

1962. Kayden incurred a birth - related neurological injury as

206that term is defined in section 766.302(2), which was the sole

217and proximate cause of KaydenÓs i njury.

2243. At birth, Kayden weighed 3,830 grams.

2324 . Jose Llinas Messeguer, M.D., and Richard Strathmann,

241M.D., rendered obstetrical services in the delivery of Kayden,

250and at all times material to these proceedings, were

259Ðparticipating physiciansÑ as defi ned in section 766.302(7).

2675. Brandon Regional Hospital is a hospital located in

276Brandon, Florida, and is the Ð hospital Ñ as that term is defined

289in section 766.302(6), where Kayden was born.

2966. Petitioners filed a petition pursuant to section

304766.305, s eeking compensation from NICA, and that Petition is

314incorporated by reference in its entirety, including any

322attachments. Any reference made within this document to NICA

331encompasses, where appropriate, the Florida Birth - Related

339Neurological Injury Compens ation Plan (Plan).

345CONCLUSIONS OF LAW

3487. The Division of Administrative Hearings has

355jurisdiction over the subject matter and the parties to this

365proceeding pursuant to section 766.301.

3708. Section 766.305(7) requires the presiding

376administrative law judg e to approve the settlement of any claim

387where NICA determines that the injury is compensable.

395CONCLUSION

396Based upon the Findings of Fact and Conclusions of Law, it

407is

408ORDERED:

4091. The Stipulation and Joint Petition filed November 14,

4182019, is approved, a nd the parties are directed to comply with

430provisions of the Stipulation and Joint Petition.

4372. Petitioners, Kieara Johnson and Joshua Maier, as the

446parents and legal guardians of Kayden Maier, are awarded one

456hundred thousand dollars ($100,000), to be pa id to the parents

468as periodic payments, pursuant to section 766.31(1)(b), as well

477as payment of benefits as authorized pursuant to section

486766.31(1)(a), subject to the provisions of paragraph 19 of the

496partiesÓ Stipulation and Joint Petition.

5013. NICA will reimburse Scott Borders, Esquire, attorney

509for Petitioners, an agreed - upon attorneyÓs fee of Twelve

519Thousand Five Hundred Dollars ($12,500.00) and expenses of Six

529Thousand Five Hundre d Sixty - Four Dollars and Thirty - Three Cents

542($6,564.33), totaling Ninete en Thousan d Sixty - Four Dollars and

554Thirty - Three Cents ($19,064.33) in full, for services rendered

565in this proceeding.

5684. Upon the payment of the award of $100,000, and past

580benefits/expenses, and payment of the attorneyÓs fees awarded to

589PetitionersÓ coun sel, PetitionersÓ claims shall be deemed fully

598satisfied and extinguished, except for RespondentÓs continuing

605obligation under section 766.301(2) to pay future expenses as

614incurred.

6155. The Division of Administrative Hearings retains

622jurisdiction over th is matter to resolve any disputes, should

632they arise, regarding the partiesÓ compliance with the terms of

642this Order.

644DONE AND ORDERED this 21st day of November , 2019 , in

654Tallahassee, Leon County, Florida.

658S

659LISA SHEARE R NELSON

663Administrative Law Judge

666Division of Administrative Hearings

670The DeSoto Building

6731230 Apalachee Parkway

676Tallahassee, Florida 32399 - 3060

681(850) 488 - 9675

685Fax Filing (850) 921 - 6847

691www.doah.state.fl.us

692Filed with the Clerk of the

698Division of Adminis trative Hearings

703this 21st day of November , 2019 .

710COPIES FURNISHED:

712(via certified mail)

715Kenney Shipley, Executive Director

719Florida Birth - Related Neurological

724Injury Compensation Association

727Suite 1

7292360 Christopher Place

732Tallahassee, Florida 32308

735( eServed)

737(Certified Mail No. 7012 1640 0000 7861 1583)

745Scott Borders, Esquire

748Morgan and Morgan, P.A.

752One Tampa Center

755201 North Franklin Street, 7th Floor

761Tampa, Florida 33602

764(eServed)

765(Certified Mail No. 7012 1640 0000 7861 2504)

773Tracy M. Falkow itz, Esquire

778Banker Lopez Gassler, P.A.

782Suite 1700

784501 East Kennedy Boulevard

788Tampa, Florida 33602

791(eServed)

792(Certified Mail No. 7015 0640 0003 7650 5676)

800Daneil McAuliffe, Esquire

803La Cava & Jacobson, P.A.

808Suite 1250

810501 East Kennedy Boulevard

814Tampa, Flo rida 33602

818(eServed)

819(Certified Mail No. 7016 0910 0001 7987 9184)

827Piper Hurley, Esquire

830La Cava & Jacobson, P.A.

835Suite 1250

837501 East Kennedy Boulevard

841Tampa, Florida 33602

844(eServed)

845(Certified Mail No. 7016 0910 0001 7987 9191)

853Amie Rice, Investigatio n Manager

858Consumer Services Unit

861Department of Health

8644052 Bald Cypress Way, Bin C - 75

872Tallahassee, Florida 32399 - 3275

877(Certified Mail No. 7018 3090 0002 1880 7721)

885Mary C. Mayhew , Secretary

889Agency for Health Care Administration

8942727 Mahan Drive, Mail Sto p 1

901Tallahassee, Florida 32308

904(eServed)

905(Certified Mail No. 7018 3090 0002 1880 7738)

913Richard Strathmann, M.D.

916775 First Avenue North

920Naples, Florida 34102

923(Certified Mail No. 7018 3090 0002 1880 7745)

931NOTICE OF RIGHT TO JUDICIAL REVIEW

937Review o f a final order of an administrative law judge shall be

950by appeal to the District Court of Appeal pursuant to section

961766.311(1), Florida Statutes. Review proceedings are governed

968by the Florida Rules of Appellate Procedure. Such proceedings

977are commence d by filing the original notice of administrative

987appeal with the a gency c lerk of the Division of Administrative

999Hearings within 30 days of rendition of the order to be

1010reviewed, and a copy, accompanied by filing fees prescribed by

1020law, with the clerk of t he appropriate District Court of Appeal.

1032See § 766.311(1), Fla. Stat., and Fla. Birth - Related

1042Neurological Injury Comp. Ass'n v. Carreras , 598 So. 2d 299

1052(Fla. 1st DCA 1992).

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
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: 11/21/2019
Proceedings: DOAH Final Order
PDF:
Date: 11/21/2019
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 11/21/2019
Proceedings: Final Order. CASE CLOSED.
PDF:
Date: 11/14/2019
Proceedings: Notice of Filing (Stipulation and Joint Petition) filed.
PDF:
Date: 11/05/2019
Proceedings: Order Requiring Status Report.
PDF:
Date: 10/28/2019
Proceedings: Motion for Entry of Protective Order Regarding Confidential Documents Related to Petitioner's Medical Records filed.
PDF:
Date: 10/10/2019
Proceedings: Order Granting Extension of Time.
PDF:
Date: 10/09/2019
Proceedings: Notice of Appearance (Piper Hurley) filed.
PDF:
Date: 10/08/2019
Proceedings: Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 10/08/2019
Proceedings: Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 09/04/2019
Proceedings: Order Granting Extension of Time.
PDF:
Date: 08/28/2019
Proceedings: Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 07/31/2019
Proceedings: Order Granting Extension of Time.
PDF:
Date: 07/29/2019
Proceedings: Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 07/01/2019
Proceedings: Order Granting Extension of Time.
PDF:
Date: 06/20/2019
Proceedings: Amended Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 06/19/2019
Proceedings: Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 05/23/2019
Proceedings: Order Granting Motion to Intervene.
PDF:
Date: 05/16/2019
Proceedings: Undeliverable envelope returned from the Post Office.
PDF:
Date: 05/13/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/09/2019
Proceedings: Order Granting Motion to Intervene.
PDF:
Date: 05/08/2019
Proceedings: Order (Motion to accept K. Shipley as qualified representative granted).
PDF:
Date: 05/07/2019
Proceedings: Jose E. LLinas Messeguer, M.D.'s Motion to Intervene filed.
PDF:
Date: 05/07/2019
Proceedings: Notice of Appearance (Daneil McAuliffe) filed.
PDF:
Date: 05/06/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/01/2019
Proceedings: Motion to Act as Qualified Representative Before the Division of Administrative Hearings filed.
PDF:
Date: 05/01/2019
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 05/01/2019
Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
PDF:
Date: 04/26/2019
Proceedings: Petition to Intervene by Galencare, Inc. d/b/a Brandon Regional Hospital filed.
PDF:
Date: 04/26/2019
Proceedings: Initial Order.
Date: 04/17/2019
Proceedings: NICA filing fee (Check No. 617706; $15.00 filed (not available for viewing).
PDF:
Date: 04/17/2019
Proceedings: Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.

Case Information

Judge:
LISA SHEARER NELSON
Date Filed:
04/17/2019
Date Assignment:
04/25/2019
Last Docket Entry:
01/22/2020
Location:
Tampa, Florida
District:
Middle
Agency:
Florida Birth-Related Neurological Injury Compensation Associati
Suffix:
N
 

Counsels

Related Florida Statute(s) (5):