20-003837N Natalie Kim Wells And Cody Wells, Individually, And As Natural Parents Of Roslyn Sue Wells, Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, October 21, 2021.

Summary: Final Order Approving Stipulation for Entry of Award.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

N ATALIE K IM W ELLS A ND C ODY W ELLS ,

I NDIVIDUALLY , A ND A S N ATURAL P ARENTS

OF R OSLYN S UE W ELLS , D ECEASED ,

Petitioners ,

vs. Case No. 20 - 3837N

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPENSATION A SSOCIATION ,

Respondent,

and

S EABORN M. H UNT , M.D., A ND 17 TH

S TREET , LLC, A ND M UNROE H MA

H OSPITAL , LLC, D / B / A M UNROE R EGIONAL

M EDICAL C ENTER ,

Intervenors .

/

F INAL O R DER A PPROVING S TIPULATION F OR E NTRY O F A WARD

This cause came on for consideration pursuant to sections 766.304

and 766.305, Florida Statutes, upon the Joint Stipulation and Motion for

Entry of Award Pursuant to Chapter 766, Florida Statutes (Joint

Stipula tion ), filed with the Division of Administrativ e Hearings (DOAH) on

October 13, 2021 , for the entry of an order approving the resolution of a claim

for compensation benefits filed in accordance with the undersignedÔs Final

Order, entered July 9, 2021, the provisions of chapter 766, and a resolution of

the exclusive remedy otherwise available as outlined in chapter 766.

By the terms of their Joint S tipulation , Petitioners, Natalie Kim Wells

and Cody Wells , individually and as natural parents and guardians o f Roslyn

Sue Wells , a deceased minor (Roslyn) , and Respondent, the Florida Birth -

Related Neurological Injury Compensation Association (NICA), have agreed

that Natalie Kim Wells and Cody Wells are the parents of Roslyn ; that , as

found in the Final Order, Ro slyn was born a live infant on or March 24, 2016 ;

and that RoslynÔs birth weight exceeded 2,500 grams. The parties have

further agreed that Intervenor , Seaborn M. Hunt, M.D., provided obstetrical

services at RoslynÔs delivery , and that Dr. Hunt was a Ñpart icipating

physicianÒ in the Florida Birth - Related Neurological Injury Compensation

Plan, as defined by section 766.302(7). The parties have agreed that Roslyn

suffered a Ñbirth - related neurological injury,Ò as that term is defined by

section 766.302(2), wh ich was the sole and proximate cause that led to

RoslynÔs death .

It is O RDERED :

1. The Joint Stipulation filed on October 13, 2021 , is hereby approved, and

the parties are directed to comply with the provisions of the Joint Stipulation.

2. Petitioners, Natalie Kim Wells and Cody Wells , as the parents of

Roslyn , a deceased minor, are awarded two hundred and fifty thousand

dollars ($ 25 0,000.00), pursuant to section 766.31(1)(b)1., to be paid as a lump

sum to the parents.

3. Petitioners, Natalie Kim Wells a nd Cody Wells, as the parents of

Roslyn, a deceased minor, are awarded a death benefit of fifty thousand

dollars ($50,000.00), pursuant to section 766.31(1)(b)2., to be paid as a lump

sum to the parents.

4. NICA will reimburse T. Patton Youngblood, Jr., an d Youngblood Law

Firm, attorney s for Petitioners, an agreed - upon amount of eight thousand

five hundred dollars ($8,500.00), for reasonable attorneyÔs fees in the filing of

this claim, pursuant to section 766.31(1)(c).

5 . Upon the payment of the award of $ 25 0,000.00 for past

benefit/expenses, $50,000.00 for the death benefit, and $8,500.00 for

attorneyÔs fees, the claims of Petitioners shall be deemed fully satisfied and

extinguished .

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

disp utes, should they arise, regarding the partiesÔ compliance with the terms

of this Order.

D ONE A ND O RDERED this 2 1st day of October, 2021 , in Tallahassee, Leon

County, Florida.

S

R OBERT J. T ELFER III

Administrative Law Judge

1230 Apalachee Parkway

Tallah assee, Florida 32399 - 3060

(850) 488 - 9675

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 2 1st day of October, 2021 .

C OPIES F URNISHED :

(via certified mail)

Amie Rice, Investigation Manager Simone Marstiller , Secretary

Consumer Services Unit Agency for Health Care Administration

Department of Health 2727 Mahan Drive, Mail Stop 1

4052 Bald Cypress Way, Bin C - 75 Tallahassee, Florida 32308

Tallahassee, Florida 32399 - 3275 (Certified No. 7021 1970 0000 4860 8205 )

(Certified No. 7020 0450 0002 1970 6142 )

Thomas M. Hoeler, Esquire

Kim Kellum, Esquire Agency for Health C are Administration

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308

Tallahassee, Florida 32308 (Certified No. 7021 1970 0000 4860 8212 )

(Certified No. 7020 2450 0002 1970 5787 )

Kenney Shipley, Executive Director T. Patton Youngblood, Jr., Esquire

Florida Birth - Related Neurological Youngblood Law Firm

Injury Compensation Association Suite 800

Post Office Box 14567 360 Central Avenue

Tallahassee, Florida 32317 St. Petersburg, Florida 33701 - 3984

(Certified No. 7021 1970 0000 4860 9066 ) (Certified No. 7 021 1970 0000 4860 9097 )

David O. Doyle, Jr., Esquire Kelly G. Hamer, Esquire

Pearson Doyle Mohre & Pastis, LLP Bice Cole Law Firm, LP

Suite 401 Suite 101

485 North Keller Road 1333 Southeast 25th Loop

Orlando, Florida 32751 Ocala, Florida 34471

(Certified No. 7021 1970 0000 4860 9073 ) (Certified No. 7021 1970 0000 4860 9103 )

Brooke M. Gaffney, Esquire M. Suzanne Green, Esquire

Smith, Stout, Bigman & Brock, P.A. Bice Cole Law Firm, L.P.

Suite 900 Suite 101

444 Seabreeze Boulevard 1333 Southeast 25th Loo p

Daytona Beach, Florida 3211 8 Ocala, Florida 34471

(Certified No. 7021 1970 0000 4860 9080 ) (Certified No. 7020 2450 0002 1970 6135 )

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 Sta tutes.

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 Division of Administrative

Hearings within 30 days of ren dition 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).