19-006158N Matthew Williams And Joy Williams, As Parents And Natural Guardians Of Jesse Williams (Deceased), A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, April 8, 2020.

Summary: The parties' Stipulation and Joint Petition is approved.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

M ATTHEW W ILLIAMS A ND J OY W ILLIAMS ,

A S P ARENTS A ND N ATURAL G UARDIANS OF

J ESSE W ILLIAMS (D ECEASED ), A M INOR ,

Petitioners ,

vs. Case No. 19 - 6158N

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPENSATION A SSOCIATION ,

Respondent,

and

T ALLAHASSEE M EMORIAL H EALTHCARE ,

I NC . ,

Intervenor .

/

F INAL O RDER

On March 27, 2020, the parties filed a Stipulation and Joint Peti tion for

Compensation of Claim Arising Out of Florida Birth - Related Neurological

Injury Pursuant to Chapter 766, Florida Statutes (Stipulation and Joint

Petition). Petitioner and the Florida Birth - Related Neurological Injury

Compensation Association (NICA) seek the entry of an order approving the

resolution of the claim for benefits filed in accordance with the provisions of

chapter 766, Florida Statutes. On March 31, 2020, Tallahassee Memorial

Healthcare, Inc. (TMH) , filed a Notice of No Objection, indicat ing that it had

no objection to the entry of a final order granting the Stipulation and Joint

Petition.

F INDINGS OF F ACT

Based on the stipulation of the parties, the following facts are found:

1. Matthew Williams and Joy Williams (Petitioners) are the pa rents and

natural guardians of Jesse Williams (Jesse), and are the ÑclaimantsÒ as

defined by section 766.302(3).

2. Jesse incurred a Ñbirth - related neurological injuryÒ as that term is

defined in section 766.302(2), on or about December 26, 2018, which was the

sole and proximate cause of JesseÔs injury.

3. At birth, Jesse weighed 3,640 grams.

4. Adrienne George, M.D., rendered obstetrical services in JesseÔs delivery,

and, at all times material to this proceeding, was a Ñparticipating physicianÒ

as defined in section 766.302(7).

5. T MH is a hospital located in Tallahassee, Florida, and is the hospital

where Jesse was born. TMH is the ÑhospitalÒ as that term is defined in

section 766.302(6).

6. Jesse died on March 28, 2019.

7. Petitioners filed a petition pur suant to section 766.305, seeking

compensation from NICA, and that petition is incorporated by reference in its

entire ty, including all attachments. Any reference made within this

document to NICA encompasses, where appropriate, the Florida Birth -

Related N eurological Injury Compensation Plan (Plan).

C ONCLUSIONS OF L AW

8. The Division of Administrative Hearings has jurisdiction over the

subject matter and the parties to this proceeding pursuant to section 766.301.

9. Section 766.305(7) requires the presidin g administrative law judge to

approve the settlement of any claim where NICA determines that the injury

is compensable.

C ONCLUSION

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

O RDERED :

1. The Stipulation and Joint Petition filed March 2 7, 2020, is approved,

and the parties are directed to comply with the provisions of the Stipulation

and Joint Petition.

2. Petitioners, Matthew and Joy Williams, as the parents and natural and

legal guardians of Jesse Williams, are awarded one hundred thou sand dollars

($100,000), to be paid as a lump sum, as authorized by section 766.31(b).

3. Petitioners are also awarded past benefits and the Ten Thousand

Dollars ($10,000) death benefit authorized by section 766.31. Payment of past

benefits under section 7 66.31(1)(a) shall be subject to the provisions of

paragraph 20 of the Stipulation and Joint Petition.

4. NICA will reimburse Teresa Arnold - Simmons, Esquire, attorney for

Petitioners, an agreed - upon attorneyÔs fee of Ten Thousand Dollars ($10,000),

and exp enses of Four Thousand Two Hundred Eighty - Nine Dollars and

Eighty - Nine Cents ($4,289.89), totaling Fourteen Thousand, Two Hundred

Eighty - Nine Dollars and Eight y - Nine Cents ($14,289.89) in full for services

rendered with respect to this proceeding.

5. Upon payment of the award of $100,000; the death benefit of $10,000;

past benefits/expenses; and payment of the attorneyÔs fee awarded to

PetitionersÔ counsel, PetitionersÔ claims shall be deemed fully satisfied and

extinguished.

6. The Division of Administrati ve Hearings 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 8th day of April , 2020 , in Tallahassee, Leon

County, Florida.

S

L ISA S HE ARER N ELSON

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 Admi nistrative Hearings

this 8th day of April , 2020 .

C OPIES F URNISHED :

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth - Related Neurological

Injury Compensation Association

Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(e Served)

(Certified Mail No. 7019 1640 0000 2208 6583)

Teresa Arnold - Simmons, Esquire

Morgan & Morgan

Suite 1100

76 South Laura Street

Jacksonville, Florida 32202

(eServed)

(Certified Mail No. 7019 1640 0000 2208 6590)

Chase Edward Boswell , Esquire

P ennington, P.A.

Suite 200

215 South Monroe Street

Tallahassee, Florida 32301

(eServed)

(Certified Mail No. 7019 1640 0000 2208 6606)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7019 1640 0000 2208 6613)

Mary C. Mayhew, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7019 1640 0 000 2208 6620)

Adrienne George, M.D.

1641 Mahan Center Boulevard

Tallahassee, Florida 32308

(Certified Mail No. 7019 1640 0000 2208 6637)

N OTICE OF R IGHT T O J UDICIAL R EVIEW

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 proceedings are commenced by filing the original notice of

administrative appeal with the a genc y 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).