19-002348N Cynthia Ritter And John Leroy, Individually And As Parents Of Chloe Leroy, Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, July 30, 2019.

Summary: Final Order entered approving the stipulation that the child suffered a "birth-related neurological injury" as defined in section 76.302(2) and awarding benefits as outlined in chapter 766.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CYNTHIA RITTER and JOHN LEROY,

individually and as parents of

CHLOE LEROY, deceased,

Petitioners,

vs. Case No. 19 - 2348N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent,

and

ADVENTIST HEALTH SYSTEM/SUNBELT,

INC., d/b/a FLORIDA HOSPITAL

ALTAMONTE,

Intervenor.

_______________________________/

FINAL ORDER APPROVIN G STIPULATION FOR EN TRY OF AWARD

This cause came on for consideration pursuant to

sections 766.304 and 766.305, 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 (Stipulation and Joint Petition),

filed w ith the Division of Administrative Hearings (Division) 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 the exclusive

remed y otherwise available as outlined in chapter 766.

By the terms of their stipulation, Petitioners, Cynthia Ritter

and John LeRoy, as parents and guardians of Chloe LeRoy, a minor,

and Respondent, the Florida Birth - Related Neurological Injury

Compensation As sociation (NICA), have agreed that Cynthia Ritter

and John LeRoy are the parents and legal guardians of Chloe LeRoy

(Chloe), who is now deceased; that Chloe was born a live infant

on or about July 9, 2018, at Intervenor Advent Health

System/Sunbelt, Inc., d/b/a Florida Hospital Altamonte, a

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

County, Florida; and that ChloeÓs birth weight exceeded 2,500

grams. The parties have further agreed that Nateya

Carrington, M.D., provided obstetrical services at ChloeÓs

delivery and was a Ðparticipating physicianÑ in the Florida Birth

Related Neurological Injury Compensation Association Plan, as

defined by section 766.302(7). The parties have agreed that

Chloe suffered a Ðbirth - related neurological in jury,Ñ as that

term is defined by section 766.302(2), which was the sole and

proximate cause that led to ChloeÓs death.

It is ORDERED:

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

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

with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Cynthia Ritter and John LeRoy, as the

parents and legal guardians of Chloe, 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 parents.

3. Petitioners, Cynthia Ritter and John LeRoy, as the

parents and legal guardians of Chloe, are awarded a death benefit

in the amount of ten thousand dollars ($10,000 .00 ), pursuant to

section 766.31(1)(b)2., to be paid as a lump sum.

4. NICA will reimburse McMillen Law Firm, P.A., attorneys

for Petitioners, an agreed - upon attorneyÓs fee of $10,000 .00 and

expenses of $3,676.98, totaling $13,676.98 in full, for services

rendered in the filing of this claim.

5 . Upon the payment of the award of $100,000.00 past

benefit/expenses, $10,000.00 death benefit, and $13,676.98 for

attorneyÓs fees and costs, the claims of Petitioners shall be

deemed fully satisfied and extinguished.

6. The Division retains jurisdiction over th is matter to

resolve any disputes, should they arise, regarding the partiesÓ

compliance with the terms of this Order.

DONE AND ORDERED this 30th day of July, 2019 , in

Tallahassee, Leon County, Florida.

S

ROBERT J. TELFER III

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

Filed with the Clerk of the

Division of Administrat ive Hearings

this 30th 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 No. 7014 2120 0003 1053 8285 )

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified No. 7014 2120 0003 1053 8292 )

Travase L. Erickson, Esquire

Saalfield Shad, P.A.

245 Riv erside Avenue , Suite 400

Jacksonville, Florida 32202 - 4926

(eServed)

(Certified No. 7014 2120 0003 1053 8308 )

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(C ertified No. 7014 2120 0003 1053 8315 )

Mary C. Mayhew, Secretary

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(Certified No. 7014 2120 0003 1053 8322 )

AdventHealth Altamonte Springs

Attention: Risk Manag ement

601 East Altamonte Drive

Altamonte Springs, Florida 32701

(Certified No. 7014 2120 0003 1053 8339 )

Nateya Carrington, M.D.

Suite 1031

785 Primera Boulevard

Lake Mary, Florida 32746

(Certified No. 7014 2120 0003 1053 8346 )

Alyssa Belt, APRN

601 Ea st Altamonte Drive

Altamonte Springs, Florida 32701

(Certified No. 7014 2120 0003 1053 8353 )

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 sect ion

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 appeal

with the a gency c lerk of the Division of Administrative H earings

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).