20-002519N Andrew Carver And Ruby Carver, On Behalf Of And As Parents And Natural Guardians Of Jacobi Carver, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, October 2, 2020.

Summary: Final Order approving Stipulation for NICA compensation.

Countryside Hospital, a “hospital” as defined by section 766.302(6) located i n

Safety Harbor, Florida; and that Jacobi’s birt h weight exceeded 2,500 grams.

The Parties have further agreed that Ira Sites, III, M.D., provided obstetrical

services at Jacobi's delivery and was a “participating physician” in the

Florida Birth - Related Ne urological Injury Compensation Plan, as defined by

section 766.302(7). The Parties have agreed that Jacobi suffered a “birth -

related neurological injury,” as that term is defined by section 766.302(2),

which was the sole and proximate cause of Jacobi's cur rent medical condition.

It is O

RDERED :

1. The Stipulation and Joint Petition filed on September 21, 2020, is

hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Andrew Carver a nd Ruby Carver, as the parents and legal

guardians of Jacobi Carver, a minor, are awarded one hundred thousand

dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be paid as

periodic payments; payment of benefits up to and including the effective date

of the Stipulation 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 Diane Zuckerman, Esquire, at torney for

Petitioners, an agreed - upon attorney’s fee of $12,000.00 and expenses of

$283.59, totaling $12,283.59 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 $12,283. 59 for attorney’s fees and costs, the claims of Petitioners 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 Heari ngs 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 2nd day of October , 2020 , in Tallahassee, Leon

County, Florida.

W. D AVID W ATKIN S

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 2nd day of October , 2020 .

C OPIES F URNISHED :

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth - Related Neurological

Injury Compensation Association

Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7020 0090 0000 8715 2735)

Diane I. Zuckerman, Esquire

Law Firm of Diane Zuckerman, LLC

Suite 824

412 East Madison Street

Tampa, Florida 33602

(eServed)

(Certified Mail No. 7020 0090 0000 8715 2742)

Amie Rice, Investigation Mana ger

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7020 0090 0000 8715 2759)

Mary C. Mayhew, Secretary

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Ta llahassee, Florida 32308

(eServed)

(Certified Mail No. 7020 0090 0000 8715 2766)

Ira Sites, III, M.D.

300 Pinellas Street

Clearwater, Florida 33756

(Certified Mail No. 7020 0090 0000 8715 2773)

Mease Countryside Hospital

Attention: Risk Management

3231 McCullen Booth R o ad

Safety Harbor, Florida 34695

(Certified Mail No. 7020 0090 0000 8715 2780)

Shelley Chenault, APRN

Suite 110

1840 Mease Drive

Safety Harbor, Florida 34695

(Certified Mail No. 7020 0090 0000 8715 2797)

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 proceeding s are commenced by filing the original notice of

administrative appeal 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 District 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).