19-006621N Kassie Spivey And Frank Brantley, Individually And As Natural Parents Of Faron Brantley, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, January 5, 2021.

Summary: Parties stipulated that baby suffered compensable neurological birth-related injury, resulting in statutory award.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

K ASSIE S PIVEY A ND F RANK B RANTLEY ,

I NDIVIDUALLY A ND A S N ATURAL P ARENTS

OF F ARON B RANTLEY , A M INOR ,

Petitioners , Case No. 19 - 6621N

vs.

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPENSATION A SSOCIATION ,

Res pondent .

/

F INAL O RDER

On December 23, 2020, Petitioners Kassie Spivey and Frank Brantley,

Individually and as Natural Parents of Faron Brantley (ÑFaronÒ) , a Minor

(ÑPetitionersÒ), and Respondent Florida Birth - Related Neurological Injury

Compensation Association (ÑNICAÒ) , filed a Stipulation and Joint Petition for

Compensation of Claim Arising Out of Florida Birth - Related Neurological

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

PetitionÒ). The Parties seek an order approving the resolution of the claim for

benefits, consistent with the provisions of chapter 766, Florida Statutes. 1

F INDINGS OF F ACT

Based upon the Stipulation and Joint Pet ition, the u ndersigned makes the

following Findings of F act:

1. Petitioners are the parents and legal guardians of Faron and are the

Ñclaimants,Ò as defined in section 766.302(3), Florida Statutes .

1 All references to the Florida Statutes are to the 201 7 version , none of which have materially

changed since 2017 .

2. Faron suffered a Ñbirth - related neurological injuryÒ (Ñ InjuryÒ), as

defined in section 766.302(2), on or about November 17, 2017 . The Injury

solely and proximately caused Faron Ôs current medical condition.

3. At birth, Faron weighed 3, 520 grams. 2

4. Sherrie - Lee T. Brown , M.D., Vartika Bhardwaj, M.D., and Jessi ca

Monique Covington, M.D., rendered obstetrical services in the delivery of

Faron and, at all material times, were Ñparticipating physician s ,Ò as defined

in section 766.302(7).

5. U.F. Health Jacksonville , located in Jacksonville , Florida, is the

Ñhospita l,Ò as defined in section 766.302(6), where Faron was born.

6. On December 13, 2019, Petitioners filed a P etition seeking

compensation from NICA, pursuant to section 766.305, Florida Statutes. The

Petition is incorporated herein by reference in its entiret y, including all

attachments. Any reference to NICA made within that document

encompasses, where appropriate, the Florida Birth - Related Neurological

Injury Compensation Plan (ÑPlanÒ).

C ONCLUSIONS OF L AW

7. The Division of Administrative Hearings (ÑDOAHÒ) has jurisdiction over

the parties and exclusive jurisdiction over the subject matter of these

proceedings pursuant to section 766.304, Florida Statutes .

8. Pursuant to section 766.305, the presiding administrative law judge

may approve the settlement of an y claim where NICA determines that the

injury is compensable. This is such a case.

C ONCLUSION

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

hereby

2 Although the parties stipulated that FaronÔs birth w eight was 3,515.34 grams, the reports

of both of NICAÔs medical experts noted that Faron weighed 3,520 grams at birth.

ORDERED:

1. The Stipulation and Joint Pet ition, filed on December 23, 2020, is

ap proved and the parties are directed to comply with the provisions thereof.

2. Petitioners are awarded One Hundred Thousand Dollars ($100,000.00),

to be paid in a lump sum payment, pursuant to section 766.31(1)(b), Florida

Statutes. Petitioners are also awa rded payment of benefits as authorized in

section 766.31(1)(a), subject to the provisions of paragraph 19 of the

Stipulation and Joint Petition.

3. NICA will reimburse Ronald S. Gilbert, Esquire, counsel for Petitioners,

an agreed - upon attorneyÔs fee of Tw elve Thousand Five Hundred Dollars

($12,500.00) and expenses of Five Hundred Dollars ($500.00), totaling

Thirteen Thousand Dollars ($13,000.00) in full, for services rendered in the

filing of this claim.

4. Upon the payment of the award of $100,000.00, pa st benefits/expenses,

and the total attorneyÔs fees and expenses awarded to PetitionersÔ counsel,

PetitionersÔ claims alleged in their Petition shall be deemed fully satisfied

and extinguished , except for NICAÔs continuing obligation to pay future

expenses as incurred, as required by section 766.31(2).

5. DOAH retains jurisdiction over this matter to resolve any disputes,

should they arise, regarding the compliance with the terms of this Order.

D ONE A ND O RDERED this 5th day of January, 2021 , in Tallahass ee, Leon

County, Florida.

S

A NDREW D. M ANKO

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 Administrative Hearings

this 5th day of January , 2021 .

C OPIES F URNISHED :

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth - Related Neurological

Injury Compensation Association

2360 Christopher Place , S uite 1

Tallahassee, Florida 32308

(eServed)

(Certified No. 7020 1290 0001 6309 9676)

Ronald S. Gilbert, Esquire

Colling Gilbert Wright & Carter, LLC

801 North Orange Avenue , Suite 830

Orlando, Florida 32801

(eServed)

(Certified No. 7020 1290 0001 6309 9683)

M. Mark Bajalia, Esquire

Bajalia Law

11512 Lake Mead Avenue , Suite 301

Jacksonville, Florida 32256

(eServed)

(Certified No. 7020 1290 0001 6309 9652)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress W ay, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified No. 7020 1290 0001 6309 9690)

Shevaun L. Harris , Acting Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(Certified No. 7020 1290 0001 6309 9744)

Jessica Monique Covington, M.D.

Apartment 3207

1141 Kendall Town Boulevard

Jacksonville, Florida 32225

(Certified No. 7020 1290 0001 6309 9706)

Sherrie - Lee T. Brown, M.D.

UF Health WomenÔs Specialists - N

15255 Max Leggett Parkway , Suite 4400

Jacksonville, Florida 32218

(Certified No. 7020 1290 0001 6309 9713)

UF Health Jacksonville

Attention: Risk Management

655 8 th Street West

Jacksonville, Florida 322 09

(Certified No. 7020 1290 0001 6309 9720)

Vartika Bhardwaj, M.D .

UF Health Jacksonville

655 West 8th Street

Jacksonville, Florida 32209

(Certified No. 7020 1290 0001 6309 9737)

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 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 gency c lerk of the Divi sion 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 - Rela ted Neurological Injury Comp. Ass'n v. Carreras , 598 So. 2d 299

(Fla. 1st DCA 1992).