19-006160N Margaret Husfelt And Christopher Husfelt, Individually And As Next Friends Of Christopher Husfelt-Miller, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, April 30, 2020.

Summary: Final Order entered approving the parties' stipulation that the child suffered a "birth-related neurological injury" as defined in section 766.302(2), and awarding benefits as outlined in chapter 766.

Husfelt - Miller, a minor, a nd Respondent, the Florida Birth - Related

Neurological Injury Compensation Association (“NICA”), have agree d that

Margaret and Christopher Husfelt are the maternal grandmother and step -

grandfather, respectively, of Christopher Husfelt - Miller (“Christopher”) .

Petitioners and NICA represent that Margaret and Christopher Husfelt have

legally obtained temporary custody of Christopher. Petitioners and NICA also

represent that Rachel Miller, Christopher’s natural mother, has consented to

the custody arrangement, a nd Margaret and Christopher Husfelt anticipate

adopting Christopher or becoming his permanent legal guardians. Petitioners and NICA further stipulate that Christopher was born a live infant on or

about March 3, 2019, at Intervenor Morton Plant Hospital Ass ociation, Inc.

(“Morton Plant Hospital”), a “hospital” as defined by section 766.302(6) ,

located in Clearwater, Florida; and that Christopher’s birth weight exceeded

2,500 grams. In addition, Petitioners and NICA agree that Richard Jamison,

M.D., provided obstetrical services at Christopher’s delivery and was a

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

Compensation Plan, as defined by section 766.302(7). Finally, Petitioners and NICA agree that Christopher suffered a “birth - related neurological injury,” as

that term is defined by section 766.302(2), which was the sole and proximate cause of Christopher’s current medical condition .

It is ORDERED:

1. The Stipulation filed on April 16, 2020, is hereby approved, and the

parti es are directed to comply with the provisions of the Stipulation.

2. Petitioners, Margaret Husfelt and Christopher Husfelt, are awarded

One Hundred T housand dollars ($100,000.00), pursuant to section

766.31(1)(b)1., to be paid as follows:

a. Ninety Thousan d dollars ($90,000.00) shall be paid as a lump sum to

Petitioner, Margaret Husfelt; and

b. Ten Thousand dollars ($10,000 .00 ) shall be paid as a lump sum to

Rachel Miller, Christopher’s natural mother .

3 Petitioners are awarded p ayment of benefits up to an d including the

effective date of the Stipulation pursuant to section 766.31(1)(a), subject to

the provisions of P aragraph 20 of the Stipulation. 1

4. NICA will reimburse the McMillen Law Firm, legal counsel for

Petitioners, agreed - upon attorney’s fees of T welve Thousand Five Hundred

Dollars ($12,500.00), as well as expenses of $544.41, totaling $13,044.41, in full, for services rendered in the filing of this claim.

5. Upon NICA’s payment of the award of $100,000.00, as well as

$13,044.41 for attorney’s fees and costs, Petitioners’ claims shall be deemed

fully satisfied and extinguished, except for Responden t’s continuing

obligation under section 766.31(2) to pay future expenses, as incurred.

6. The Division of Administrative Hearings retains jurisdiction ove r 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 30 th day of April , 2020 , in Tallahassee, Leon

County, Florida.

J. B RUCE C ULPEPPER

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

1 The undersigned notes that the applicable paragraph in the Stipulation upon which this

provision of the Final Order is drawn refers to “Par agraph 19” of the Stipulation. This

reference appears to be a scrivener’s error, and the appropriate reference in the Stipulation

should be to Paragraph 20.

Filed with the Clerk of the

Division of Administrative Hearings

this 30 th day of A pril , 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 5006

Kenney Shipley, Executive Direc tor

Florida Birth - Related Neurological

Injury Compensation Association Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

Certified Mail No. 7019 1640 0000 2306 3941

Gabrielle Osborne, Esquire

Beytin, McLaughlin, McLaughlin,

O'Hara, Kinman & Bocchino, P.A.

1706 East Eleventh Avenue

Tampa, Florida 33605

(eServed)

Certified Mail No. 7019 1640 0000 2306 3958

Mindy McLaughlin, Esquire

Beytin, McLaughlin, McLaughlin, O'Hara,

Bocchino & Bolin, P.A.

1706 East Eleventh Avenue

Tampa, Flori da 33605

(eServed)

Certified Mail No. 7019 1640 0000 2306 3965

Carissa Wheeler Brumby, Esquire

Beytin, McLaughlin, Mclaughlin, O'Hara,

Bocchino & Bolin, P.A.

1706 East Eleventh Avenue

Tampa, Florida 33606

Certified Mail No. 7019 1640 0000 2306 3972

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 2306 3989

Mary C. Mayhew, Secretary

Health Quality Assurance

Agency for Healt h Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

Certified Mail No. 7019 1640 0000 2306 3996

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 Di strict 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 ler k 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 Fl a.

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

(Fla. 1st DCA 1992).