20-005230N Nicole Everett, Individually And As Parent And Next Friend Of Ava Roberts, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, March 3, 2021.

Summary: Final Order approving Stipulation for NICA compensation.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

N ICOLE E VERETT , I NDIVIDUALLY A ND A S

P ARENT A ND N EXT F RIEND OF A VA

R OBERTS , A M INOR ,

Petitioner ,

vs. Case No. 20 - 5230N

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPENSATION A SSOCIATION ,

Respondent .

/

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(7), Florida Statutes, upon the Sti pulation 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 with the Division of Administrative Hearings on March 1,

202 1 , for the entry of an order approving the resolution of a claim for

compensation benefits filed in accordance with the provisions of chapter 766

and a resolution of the exclusive remedy otherwise available as outlined in

chapter 766.

By the terms of their s tipulation, Petitioner, Nicole Everett , individually

and as parent and next friend of Ava Roberts , a minor, and Respondent, the

Florida Birth - Related Neurological Injury Compensation Association (NICA),

have agreed that Nicole Everett is the parent and nex t friend of Ava Roberts

( Ava ), a minor; that Ava was born a live infant on or about May 19, 2019 , at

AdventHealth Daytona Beach , a ÑhospitalÒ as defined by section 766.302(6)

located in Daytona Beach, Volusia County , Florida; and that Ava Ôs birth

weight ex ceeded 2,500 grams. The Parties have further agreed that Cecille

Tapia - Santiago , M.D., provided obstetrical services at Ava 's delivery and was

a Ñparticipating physicianÒ in the Florida Birth - Related Neurological Injury

Compensation Plan, as defined by sec tion 766.302(7). The Parties have

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

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

Ava 's current medical condition.

It is O RDERED :

1. The Stipulation a nd Joint Petition filed on March 1, 202 1 , is hereby

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

Stipulation and Joint Petition.

2. Petitioner , Nicole Everett, individually and as parent and next friend of

Ava Roberts , a mino r, is 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 parent; payment of benefits up to and including the effective date of the

Stipulation and Joint Petition pursuant to section 766.3 1(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 Bounds Law Group , attorneys for Petitioner, an

agreed - upon attorneyÔs fee of $ 12,500.00 and expen ses of $ 65.00 , totaling

$1 2,565.00 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 $1 2,565.00 for attorneyÔs fees and costs, the claims of Petitioner shall be

deemed ful ly 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 Hearings retains jurisdiction over this

matter to resolve any disputes, should they arise, regarding the PartiesÔ

compliance with the terms of this Order.

D ONE A ND O RDERED this 3rd day of March , 2021 , in Tallahassee, Leon

County, Florida.

S

W. D AVID W ATKINS

Administrative Law Judge

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 306 0

(850) 488 - 9675

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 3rd day of March , 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 B ald Cypress Way, Bin C - 75 Tallahassee, Florida 32308

Tallahassee, Florida 32399 - 3275 (Certified No. 7020 2450 0002 1970 5312)

(Certified No. 7020 2450 0002 1970 5305)

Kenney Shipley, Executive Director

Allison C. McMillen, Esquire Florida Birth - Related Neurological

Bounds Law Group Injury Compensation Association

1751 N orth Park Ave nue Suite 1

Winter Park, Florida 32751 2360 Christopher Place

(Certified No. 7020 2450 0002 1970 5329) Tallahassee, Florida 32308

(Certified No. 7020 2450 0002 1970 5336)

AdventHealth Day tona Beach

Attention: Risk Management Ce cille Tapia - Santiago, M.D.

301 Memorial Medical Parkway 500 Health Boulevard

Daytona Beach, Florida 32117 Daytona Beach, Florida 32114

(Certified No. 7020 2450 0002 1970 5343) (Certified No. 7020 2450 0002 1970 5350)

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 o f 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 Divis ion 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 - Relat ed Neurological Injury Comp. Ass'n v. Carreras , 598 So. 2d 299

(Fla. 1st DCA 1992).