20-001905N Nicholas Ryder And Cassie Mccarter, Individually And As Parents Of Silas Ryder, Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, June 25, 2020.

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

for NICA Benefits. The Petition named Alyssa J. Brown, M.D., as th e

attending physician, and Tampa General Hospital as the hospital where Silas

was born. On April 23, 2020, NICA, Dr. Brown, and Tampa General Hospital

were served by certified mail with the Petition for NICA Benefits, and

certified return receipts indicate that NICA , Dr. Brown , and Tampa General

Hospital received copies of the Petition for NICA Benefits on April 24 ,

April 27, and April 2 9 , 2020, respectively.

On May 8, 2020, the University of South Florida Board of Trustees, who is

Dr. Brown’s employer, mo ved for leave to Intervene. Neither Petitioners nor

NICA objected to the intervention, and the Motion to Intervene was granted

by Order dated May 14, 2020.

On May 4, 2020, NICA filed a copy of a letter to Petitioners, which serves

as a response to the Pet ition for NICA Benefits, stating that NICA agreed

that Silas suffered a birth - related neurological injury as defined in section

766.302(2), and was prepared to offer the b enefits authorized by statute. On May 14, 2020, an Order Requiring Status Report was issued, directing the

parties to file a Joint Response no later than June 15, 2020, advising whether

a hearing would be necessary. Petitioners and Respondent filed the

Stipulation and Joint Petition on May 29, 2020, that is the basis for this

Final Order A pproving Stipulation . Because of an inadvertent omission in the

original Stipulation and Joint Petition, the parties filed an Amended

Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth - Related Neurological Injury Pursuant to Chapter 766, Florida

Statutes (Amended Stipulation and Joint Petition), which is amended as to

paragraph 12 only.

F INDINGS O F F ACT

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

1. Nicholas Ryder and Cassie McCarter are the parents of Silas an d are

the “Claimants” as defined in section 766.302(3).

2. Silas incurred a “birth - related neurological injury” (the “injury”) as that

term is defined in section 766.302(2), on or about April 27, 2018, which

caused his death the followi ng day.

3. At birth, Silas weighed 3,209 grams.

4. Alyssa J. Brown, M.D., rendered obstetrical services in the delivery of

Silas and, at all times material to this proceeding, was a “participating physician” as defined in section 766.302(7) .

5. Tampa Gener al Hospital is a hospital located in Tampa, Hillsborough

County, Florida, and is the “hospital” as defined in section 766.302(6), where Silas was born.

6. Petitioners filed a Petition for NICA Benefits pursuant to section

766.305, seeking compensation from NICA and that Petition for NICA

Benefits is incorporated herein by reference in its entirety, including all

attachments. Any reference made within this document to NICA

encompasses, where appropriate, the Florida Birth - Related Injury

Compensation Plan (th e Plan).

C ONCLUSIONS O F L AW

7. The Division of Administrative Hearings has jurisdiction over the

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

8. Section 766.305(7) requires the presiding administrative law judge to

approv e 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

ORDERED:

1. The Stipulation and Joint Petition filed May 29, 2020, is approved, and

the parties are directed to comply with the provisions of the Amended

Stipulation and Joint Petition.

2. Petitioners, Nicholas Ryder and Cassie McCarter, as the parents of

Silas Ryder, are awarded One Hundred Thousand Dollars ($100,000), to be paid as a lump sum to th e parents, as authorized by section 766.31(1)(b).

3. Petitioners are also awarded a death benefit of Ten Thousand Dollars

($10,000), authorized by section 766.31, and payment of past expenses under

section 766.31(1)(a), subject to the provisions of paragra ph 19 of the Amended

Stipulation and Joint Petition.

4. NICA will reimburse McMillen Law Firm, a Professional Association,

an agreed - upon attorney’s fee of Twelve Thousand Five Hundred Dollars

($12,500.00), and expenses of Fifty - Three Dollars and Sixty - One Cents

($53.61), in full, for services rendered in the filing of this claim.

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

$10,000; past benefits/expenses; and payment of the attorney’s fee and costs

awarded to Petitioners’ counsel, P etitioners’ claims shall be deemed fully

satisfied and extinguished.

6. The Division of Administrative Hearings retains jurisdiction over 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 25th day of June , 2020 , in Tallahassee, Leon

County, Florida.

L ISA S HEARER N ELSON

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 4 88 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 25th day of June , 2020 .

C OPIES F URNISHED :

(via certified mail)

Allison C. McMillen, Esquire

McMillen Law Firm, P.A.

Suite 105

16 3 East Morse Boulevard

Winter Park, Florida 32789

(eServed)

(Certified Mail No. 7015 0640 0001 2706 9198)

Kenney Shipley, Executive Director

Florida Birth - Related Neurological

Injury Compensation Association Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7015 0640 0001 2706 9204)

Iva M. Valtcheva, Esquire

La Cava & Jacobson, P.A.

Suite 1250

501 East Kennedy Boulevard

Tampa, Florida 33602

(eServed)

(Certified Mail No. 7015 0640 0001 2706 9211)

Amie Rice, I nvestigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7015 0640 0001 2706 9228)

Mary C. Mayhew, Secretary

Health Quality Assurance

Agency for Health Care Admin istration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7015 0640 0001 2706 9235)

Alyssa J. Brown, M.D. Unit 220

2 Tampa General Circle

Tampa, Florida 33602 (Certified Mail No. 7015 0640 0001 2706 9242)

Tampa Ge neral Hospital

Atten tion: Risk Management

1 Tampa General Circle

Tampa, Florida 33606 (Certified Mail No. 7015 0640 0001 2706 9259)

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).