19-006159N Shelby Arber And Brian Arber, Individually And As Parents And Next Friends Of Lena Arber, 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

S HELBY A RBER A ND B RIAN A RBER ,

I NDIVIDUALLY A ND A S P ARENTS A ND N EXT

F RIENDS OF L ENA A RBER , A M INOR ,

Petitioners ,

vs. Case No. 19 - 6159N

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPENSATION A SSOCIATION ,

Re spondent .

/

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 Statu tes, 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 Administrative Hearings o n March 17,

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

chapter 766.

By th e terms of their stipulation, Petitioners, Shelby Arber and Brian

Arber, as parents and natural guardians of Lena Arber, a minor, and

Respondent, the Florida Birth - Related Neurological Injury Compensation

Association (NICA), have agreed that Shelby Arber a nd Brian Arber are the

parents and legal guardians of Lena Arber (Lena), a minor; that Lena was

born a live infant on or about December 26, 2018, at UF Health Shands

Hospital, a ÑhospitalÒ as defined by section 766.302(6) located in Gainesville,

Alachua Co unty, Florida; and that LenaÔs birt h weight exceeded 2,500 grams.

The Parties have further agreed that Kathleen Green, M.D., provided

obstetrical services at Lena's delivery and was a Ñparticipating physicianÒ in

the Florida Birth - Related Neurological Inju ry Compensation Plan, as defined

by section 766.302(7). The Parties have agreed that Lena 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 Lena's current medical condit ion.

It is O RDERED :

1. The Stipulation and Joint Petition filed on March 17, 2020, is hereby

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

Stipulation and Joint Petition.

2. Petitioners, Shelby Arber and Brian Arber, as the p arents and legal

guardians of Lena Arber, 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 effective date of the

Stipul ation 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 McMillen Law Firm, attorneys for Petitioners, a n

agreed - upon attorneyÔs fee of $12,500.00 and expenses of $16.95, totaling

$12,516.95 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 $12,516.95 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 Hearings retains jurisdiction o ver 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 ATKINS

Administrative Law Judge

D ivision 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 2 4th day of M arch , 2020 .

C OPIES F URNISHED :

(via certified mail)

Allison C. McMillen, Esquire

McMillen Law Firm, P.A.

Suite 105

163 East Morse Boulevard

Winter Park, Florida 32789

(eServed)

(Certified Mail No. 7019 1640 0000 2306 2708)

Kenney Shipley, Executive Dir ector

Florida Birth - Related Neurological

Injury Compensation Association

Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7019 1640 0000 2306 2715)

Amie Rice, Investigation Manager

Consumer Services Unit

Depar tment of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7019 1640 0000 2306 2722)

Mary C. Mayhew, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahass ee, Florida 32308

(eServed)

(Certified Mail No. 7019 1640 0000 2306 2739)

Kathleen Green, M.D.

4312 Southwest 105th Drive

Gainesville, Florida 32608

(Certified Mail No. 7019 1640 0000 2306 2746)

University of Florida Shands Hospital

Attention: Risk Man agement

1600 Southwest Archer Road

Gainesville, Florida 32608

(Certified Mail No. 7019 1640 0000 2306 2753)

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 pu rsuant 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 Admi nistrative

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 Neurolog ical Injury Comp. Ass'n v. Carreras , 598 So. 2d 299

(Fla. 1st DCA 1992).