19-006612N Michael Teague And Magen Faux, Individually And As Parents And Next Friends Of Kali Teague, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, April 7, 2020.

Summary: Final Order entered approving the 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.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

M ICHAEL T EAGUE A ND M AGEN F AUX ,

I NDIVIDUALLY A ND A S P ARENTS A ND

N EXT F RIENDS OF K ALI T EAGUE , A

M INOR ,

Petitioners ,

vs. Case No . 19 - 6612N

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPENSATION A SSOCIATION ,

Respondent,

and

A DAM M. C LOSE , M.D .,

Intervenor .

/

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, 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 wi th the Division of Administrativ e Hearings (Division) on

March 30 , 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 , Florida Statutes , and a resolution of the exclusive remedy

otherwise available as outlined in chapter 766.

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

Teague and Magen Faux , as parents and guardians of Kali Teague , a minor,

and Respondent, the Florida Birth - Relat ed Neurological Injury

Compensation Association (NICA), have agreed that Michael Teague and

Magen Faux are the parents and legal guardians of Kali Teague (Kali ); that

Kali was born a live infant on or about March 18, 2019 ; and that KaliÔs birth

weight exce eded 2,500 grams. The parties have further agreed that

Intervenor , Adam Close, M.D., provided obstetrical services at KaliÔs delivery

and was a Ñparticipating physicianÒ in the Florida Birth - Related Neurological

Injury Compensation Plan, as defined by sect ion 766.302(7). The parties have

agreed that Kali suffered a Ñbirth - related neurological injury,Ò as that term is

defined by section 766.302(2), which was the sole and proximate cause that

led to KaliÔs current medical condition.

It is O RDERED :

1. The Sti pulation and Joint Petition , filed on March 30 , 2020, is hereby

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

Stipulation and Joint Petition.

2. Petitioners, Michael Teague and Magen Faux , as the parents and legal

guardians of Kali , 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.

3. Petitioners, Michael Teague and Magen Faux , as the parents and legal

guardians of Kali , a minor, and NIC A, agree that NICA will pay future

expenses as incurred, pursuant to section 766.31(2).

4. NICA will reimburse McMillen Law Firm, attorney s for Petitioners, an

agreed - upon amount of $12,500 for reasonable attorneyÔs fees and $118.84 for

expenses for servic es 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, and $12,61 8 .84 for attorneyÔs fees and expenses, the claims

of Petitioners shall be deemed fully satisfi ed and extinguished, except for

RespondentÔs continuing obligation under section 766.31(2) to pay future

expenses, as incurred.

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

disputes, should they arise, regarding the partiesÔ complia nce with the terms

of this Order.

D ONE A ND O RDERED this 7th day of April, 2020, in Tallahassee, Leon

County, Florida.

S

R OBERT J. T ELFER III

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Buildi ng

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 7th day of April, 2020.

C OPIES F URNISHED :

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth - Related Neurological

Injury Compensation Association

2360 Christopher Place , Suite 1

Tallahassee, Florida 32308

(eServed)

(Certif ied No. 7019 1640 0000 2208 6781 )

Allison C. McMillen, Esquire

McMillen Law Firm, P.A.

Suite 105

163 East Morse Boulevard

Winter Park, Florida 32789

(eServed)

(Certif ied No. 7019 1640 0000 2208 6798 )

Henry W. Jewett, II, Esquire

Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A.

15th Floor

201 East Pine Street

Orlando, F lorida 32801

(eServed)

(Certif ied No. 7019 1640 0000 2208 6804 )

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certif ied No. 7019 1640 0000 2208 63 61 )

Mary C . Mayhew , Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certif ied No. 7019 1640 0000 2208 6378 )

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 orig inal n otice of

a dministrative a ppeal 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 Distr ict 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).