19-003451N Dakota Anderson, On Behalf Of And As Parent And Natural Guardian Of Abel Cloud, A Minor, Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, October 17, 2019.

Summary: Final Order approving Stipulation for NICA compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DAKOTA ANDERSON, on behalf of

and as Parent and Natural

Guardian of ABEL CLOUD, a minor,

deceased,

Petitioner,

vs. Case No. 19 - 3451N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Res pondent.

_______________________________/

FINAL ORDER APPROVING STIPULATIO N FOR ENTRY OF AWARD

This cause came on for consideration pursuant to sections

766.304 and 766.305(7), Florida Statutes, upon the Stipulation

and Joint P etition for Compensation of Claim Arising Out of

Florida Birth - Related Neurolog ical Injury Pursuant to

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

filed with the Division of Administrative Hearings on October 7,

2019, for the entry of a n 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

remedy otherwise available as outlined in chapter 766.

By the terms of their stipulation, Petitio ner, as parent

and natural guardian of Abel Cloud, deceased, and Respondent,

the Florida Birth - Related Neurological Injury Compensation

Association (NICA), have agreed that Dakota Anderson is the

parent and legal guardian of Abel Cloud (Abel), deceased; th at

Abel was born a live infant on or about November 24, 2018, at

Shands Lake Shore Regional Medical Center, a “hospital” as

defined by section 766.302(6) , located in Lake City, Florida;

and that Abel’s birth weight exceeded 2,500 grams. The Parties

have f urther agreed that Emad Atta, M.D., provided obstetrical

in the Florida Birth - Related Neurological Injury Compensation

Plan, as defined by section 766.302(7). The Parties have agreed

that Abe l suffered a “birth - related neurological injury,” as

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

and proximate cause of Abel’s injury and subsequent death.

It is ORDERED:

1. The Stipulation and Joint Petition filed on October 7,

2019, i s hereby approved, and the Parties are directed to comply

with the provisions of the Stipulation and Joint Petition.

2. Petitioner, Dakota Anderson, as the parent and legal

guardian of Abel Cloud, deceased, is awarded one hundred thousand

dollars ($100,00 0.00), pursuant to section 766.31(1)(b)1., to be

paid as a lump sum; 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 20

of the Stipula tion and Joint Petition; and payment of the

$10,000.00 death benefit pursuant to section 766.31(1)(b)1.

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

Petitioner, an agreed - upon attorney’s fee of $10,000.00 and

expenses of $1,464.39, totaling $ 11,464.39 in full for services

rendered in the filing of this claim.

4. Upon the payment of the award of $100,000.00, the death

benefit of $10,000.00, past benefit/expenses, and $11,464.39 for

attorney’s fees and costs, the claims of Petitioner shall be

d eemed fully satisfied and extinguished.

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 17th day of October , 2019 , in

Tallahassee, Leon County, Florida.

W. DAVID WATKINS

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 Administrative Hearings

this 17th day of October , 2019 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth - Related Neurological Injury Compensation Association Suite 1 2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7012 1640 0000 7861 2412)

Grant A. Kuvin, Esquire

Morgan & Morgan

Suite 1100

76 South Laura Street

Jacksonville, Florid a 32202

(eServed)

(Certified Mail No. 7012 1640 0000 7861 2429)

Richard E. Ramsey, Esquire

Wicker, Smith, O'Hara,

McCoy and Ford, P.A.

Suite 2700

50 North Laura Street

Jacksonville, Florida 32202

(eServed)

(Certified Mail No. 7012 1640 0000 7861 2436 )

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7012 1640 0000 7861 2443)

Mary C. Mayhew , Secretary

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7012 1640 0000 7861 2450)

Emad Ismael Atta, M.D.

4812 West Highway 90

Lake City, Florida 32055

(Certified Mail No. 7012 1640 0000 7861 2467)

NOTICE OF RIGHT TO JUDIC IAL 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 pro ceedings

are 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).