19-006153N Ongel Phillips And Rolando Phillips, On Behalf Of And As Parents And Natural Guardians Of Jordan Phillips, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, March 24, 2020.

Summary: Final Order approving Stipulation for NICA compensation.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

O NGEL P HILLIPS A ND R OLANDO P HILLIPS ,

O N B EHALF OF A ND A S P ARENTS A ND

N ATURAL G UARDIANS OF J ORDAN P HILLIPS ,

A M INOR ,

Petitioners ,

vs. Case No. 19 - 6153N

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPENSATION A SSO CIATION ,

Respondent .

/

F INAL O RDER A PPROVING S TIPULATION F OR E NTRY OF A WARD

This cause came on for 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 (Stipulation and Joint

Petition), filed with the Division of Adminis trative Hearings on March 18,

2020, 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 remedy otherwise available as outlined in

c hapter 766.

By the terms of their stipulation, Petitioners, Ongel and Rolando Phillips,

as parents and natural guardians of Jordan Phillips, a minor, and

Respondent, the Florida Birth - Related Neurological Injury Compensation

Association (NICA), have agree d that Ongel and Rolando Phillips are the

parents and legal guardians of Jordan Phillips (Jordan), a minor; that Jordan

was born a live infant on or about July 28, 2018, at Baptist Medical Center

South, a ÑhospitalÒ as defined by section 766.302(6) located in Jacksonville,

Florida; and that JordanÔs birt h weight exceeded 2,500 grams. The Parties

have further agreed that Jeannine Mauney, M.D., provided obstetrical

services at Jordan's delivery and was a Ñparticipating physicianÒ in the

Florida Birth - Related Neurological Injury Compensation Plan, as defined by

section 766.302(7). The Parties have agreed that Jordan suffered a Ñbirth -

related neurological injury,Ò as that term is defined by section 766.302(2),

which was the sole and proximate cause of Jordan's c urrent medical

condition.

It is O RDERED :

1. The Stipulation and Joint Petition filed on March 18, 2020, is hereby

approved, and the Parties are directed to comply with the provisions of the

Stipulation and Joint Petition.

2. Petitioners, Ongel and Rolando Phillips, as the parents and legal

guardian of Jordan Phillips, 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; payment of benefits up to and including the effec tive date

of the Stipulation and Joint Petition pursuant to section 766.31(1)(a), subject

to the provisions of paragraph 19 of the Stipulation and Joint Petition; and

payments of future expenses, as incurred.

3. NICA will reimburse McBreen and Nowak, P.A., attorneys for

Petitioner s , an agreed - upon attorneyÔs fe e of $11,517.50 and expenses

of $7.60, totaling $11,525.10 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 $11,52 5.10 for attorneyÔs 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 Hea rings retains jurisdiction over this

matter to resolve any disputes, should they arise, regarding the PartiesÔ

compliance with the terms of this Order.

D ONE A ND O RDERED this 2 4th day of March , 2020 , in Tallahassee, Leon

County, Florida.

S

W. D AVID W ATKI NS

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 Administrativ e Hearings

this 2 4th day of March , 2020 .

C OPIES F URNISHED :

(via certified mail)

Daniel J. McBreen, Esquire

McBreen & Nowak, P.A.

115 South Fielding Avenue, Suite 3

Tampa, Florida 33606

(eServed)

(Certified Mail No. 7019 1640 0000 2306 2760)

Kenney Shi pley, Executive Director

Florida Birth - Related Neurological

Injury Compensation Association

Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7019 1640 0000 2306 2777)

Amie Rice, Investigation Manager

Consumer Servi ces Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7019 1640 0000 2306 2784)

Mary C. Mayhew, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail St op 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7019 1640 0000 2306 2791)

Jeannine V. Mauney, M.D.

Building 400

11945 San Jose Boulevard

Jacksonville, Florida 32223

(Certified Mail No. 7019 1640 0000 2306 2807)

Baptist Medical Center

Atte ntion: Risk Management

14550 Old Saint Augustine Road

Jacksonville, Florida 32258

(Certified Mail No. 7019 1640 0000 2306 2814)

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

Review of a final order of an administrative law judge shall be by appeal to

the Distric t 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 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.

Bi rth - Related Neurological Injury Comp. Ass'n v. Carreras , 598 So. 2d 299

(Fla. 1st DCA 1992).