19-005916N Meagan Sowell And Michael Bell, On Behalf Of And As Parents And Natural Guardians Of Theo Bell, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, June 2, 2020.

Summary: Final Order approving Stipulation for NICA Compensation.

By the terms of their S tipulation and Joint Petition , Petitioners, Meagan

Sowell and Michael Bell , as parents and guardians of Theo Bell , a deceased

minor, and Respondent, the Florida Birth - Related Neurological Injury

Compensation Association (NICA), have agreed that Meagan Sowell and

Michael Bell are the parents and legal guardians of Theo Bell (Theo ); that

Theo was born a live infant on or about March 9, 2018 , at Cleveland Clinic

Indian River , a “hospital,” as defined by section 766.302(6), located in Vero

Beach, Florida; that Theo ’s birth weight exceeded 2,500 grams ; and that Theo

died on March 17, 2018 . The parties have further agreed that Cristina

McClu r e, O.S., provided obstetrical services at Theo’s delivery and was a

“participating physician” in the Florida Birth - Related Neurological Injury

Compensation Plan, as defined by section 766.302(7). The parties have

ag reed that Theo suffered a “birth - related neurological injury,” as that term

is defined by section 766.302(2), which was t he sole and proximate cause of

Theo’s death .

It is O

RDERED :

1. The Stipulation and Joint Petition filed on May 26 , 2020, is hereby

ap proved, and the parties are directed to comply with the provisions of the

Stipulation and Joint Petition.

2. Petitioners, Meagan Sowell and Michael Bell , as the parents and legal

guardians of Theo , a deceased 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, Meagan Sowell and Michael Bell , as the parents and legal

guardians of Theo , a deceased minor, are awarded a death benefit of ten

thousand dollars ( $10,000.00), pursuant to section 766.31(1)(a), to be paid as

a lump sum to the parents .

4. NICA will reimburse Deborah Gallagher Warner , Esq., attorney for

Petitioners, pursuant to agreement, ten thousand dollars ($10,000.00) for

attorney’s fees , and one t housand nine hundred eighty - four dollars and

twenty - one cents ($1,984.21) for expenses, for services rendered in the filing

of this claim, pursuant to section 766.31(1)(c).

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

benefit/expenses, $10,000 .0 0 death benefit, and $11, 984.21 for attorney’s fees

and expenses, the claims of Petitioners shall be deemed fu lly satisfied and

extinguished.

6. The Division retains jurisdiction over this matter to resolve any

disputes, should they arise, regarding the parties’ compliance with the terms

of this Order.

D ONE A ND O RDERED this 2nd day of June , 2020 , in Tallahassee, Leon

County, Florida.

R OBERT J. T ELFER III

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee P arkway

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 2nd day of June , 2020.

C OPIES F URNISHED :

(via certified mail)

Kenney Shipley, Ex ecutive Director

Florida Birth - Related Neurological

Injury Compensation Association

Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(C ertified No. 7019 1640 0000 2306 3552 )

Deborah Gallagher Warner, Esquire

Warner & Warner, PL

5200 South US Highway 17 - 92

Casselberry, Florida 32707

(eServed)

(C ertified No. 7019 1640 0000 2306 3569 )

Marc J. Schleier, Esquire

Fowler White Burnett, P.A.

1395 Brickell Avenue

Miami, Florida 33131

(eServed)

(Certified No. 7019 1640 0000 2306 3576 )

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified No. 7019 1640 0000 2306 3583 )

Mary C. Mayhew, Secretary

Health Quality Assurance

Agency for Health Care Adm inistration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7019 1640 0000 2306 3712 )

George J. Fyffe, M.D.

Indian River Memorial Hospital etc

Suites 101 & 102

1050 37th Place

Vero Beach, Florida 32960

(Certified N o. 7019 1640 0000 2306 3729 )

Felix Bigay - Rodriguez, M.D.

Indian River Memorial Hospital etc

Suites 101 - 103

1050 37th Place

Vero Beach, Florida 32960

(Certified No. 7019 1640 0000 2306 3736 )

N OTICE O F R IGHT T O J UDICIAL R EVIEW

Review of a final order o f 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 are commenced by filing the ori ginal 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 Dist rict 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).