20-005580N Joel Davis Laton And Christine Anne Laton, On Behalf Of And As Parents And Natural Guardians Of Rose Evangeline Laton, Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, March 17, 2021.

Summary: The Stipulation of the parties is approved.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

J OEL D AVIS L ATON A ND C HRISTINE A NNE

L ATON , O N B EHALF OF A ND A S P ARENTS

A ND N ATURAL G UARDIANS OF R OSE

E VANGELINE L ATON , D ECEASED ,

Petitioners ,

vs. Case No. 20 - 5580N

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPE NSATION A SSOCIATION ,

Respondent

and

S T . V INCENT ' S M EDICAL C ENTER , I NC .

D / B / A S T . V INCENT ' S M EDICAL C ENTER -

R IVERSIDE ,

Intervenor .

/

F INAL O RDER

O n February 23, 2021, Petitioners and Respondent filed a Stipulation 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). Petitione rs and the Florida Birth - Related

Neurological Injury Compensation Association (NICA) seek entry of an order

approving the resolution of the claim for benefits filed in accordance with the

provisions of chapter 766 . Intervenor, St. VincentÔs Medical Center, Inc., d/b/a

St. VincentÔs Medical Center - Riverside (SVMCR) , has not filed an objection

to the Stipulation and Joint Petition, and the time for doing so pursuant to

Florida Administrative Code Rule 28 - 106.204 has passed.

P RELIMINARY S TATEMENT

On Decembe r 23, 2020, Petitioners , Joel Davis Laton and Christine Anne

Laton, on behalf of and as parents and natural guardians of Rose Evangeline

Laton, deceased, filed a Petition for Benefits Pursuant to Florida Statute

Section 766.301, et seq. (Petition). The Pet ition named David Lynn Miller,

M.D., as the physician providing obstetric services and SVMCR as the

hospital where Rose Evangeline Laton (Rose) was born. On January 22, 2021,

NICA, Dr. Miller, and SVMCR were served by certified mail with the

Petition, and certified mail receipts filed with the Division of Administrative

Hearings (DOAH) indicate that all three received the Petition.

On February 8, 2021, NICA filed a Response to Petition for Benefits,

indicating that the injury was compensable, and offering benefits to

Petitioners.

On February 19, 2021, SVMCR moved to intervene in these proceedings,

and on March 1, 2021, t he motion was granted. In the meantime, on

February 23, 2021, Petitioners and Respondent filed the Stipulation and

Joint Petition. Inter venors have not objected to the Stipulation and Joint

Petition since being granted Intervenor status.

F INDINGS O F F ACT

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

1. Joel Davis Laton and Christine Anne Laton are the parents a nd legal

guardians of Rose, and are the ÑClaimantsÒ as that term is defined in

section 766.302(3).

2. On or about August 17, 2019, Rose incurred a Ñbirth - related

neurological injuryÒ as that term is defined in section 766.302(2), which was

the sole and pro ximate cause of RoseÔs medical condition.

3. David Miller, M.D., rendered obstetrical services in the delivery of Rose

and, at all material times, was a Ñparticipating physicianÒ as defined in

section 766.302(7).

4. SVMCR is a hospital located in Jacksonvi lle, Florida, and is the

ÑhospitalÒ as that term is defined in section 766.302(6), where Rose was born.

5. At birth, Rose weighed 4,650 grams.

6. Rose died on August 17, 2019.

7. Petitioners filed a Petition pursuant to section 766.305, seeking

compensati on from NICA, and that Petition 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 Neurological Injury Compensation Plan (the Plan).

C ONCLUSIONS O F L AW

8. DOAH has jurisdiction over the subject matter and the parties to this

proceeding pursuant to section 766.301.

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

approve the settlement of any claim wh ere NICA determines that the injury

is compensable.

C ONCLUSION

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

O RDERED :

1. The Stipulation and Joint Petition filed February 23, 2021, is approved,

and the parties are directed to co mply with the provisions of the Stipulation

and Joint Petition.

2. Petitioners, Joel Davis Laton and Christine Anne Laton, as the parents

of Rose Evangeline Laton, are awarded One Hundred Thousand Dollars

($100,000) to be paid as a lump sum, as author ized 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 paragraph 20 of the

St ipulation and Joint Petition.

4. Upon payment of the award of $100,000; the death benefit of $10,000;

and past benefits/expenses, PetitionersÔ claims shall be deemed fully satisfied

and extinguished.

5. DOAH 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 17th day of March , 2021 , in Tallahassee, Leon

County, Florida.

S

L ISA S HEARER N ELSON

Administrative Law Judge

1230 Apalache e Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 17th 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 S top 1

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

Tallahassee, Florida 32399 - 3275 (Certified No. 7020 2450 0002 1970 5374)

(Certified No. 7020 2450 0002 1970 5367)

Joel Davis Laton Kenney Shipley, Executive Director

Christine Anne Laton Florida Birth - Related Neurological

4338 Ellipse Drive Injury Compensation Association

Jacksonville, Florida 32246 Suite 1

(Certified No. 7020 2450 0 002 1970 5381) 2360 Christopher Place

Tallahassee, Florida 32308

Megan R. Heiden, Esquire (Certified No. 7020 2450 0002 1970 5398)

Smith Hulsey & Busey

Suite 3300 David Miller, M.D.

One Independent Drive Suite 200

Jacksonville, Florida 32202 3 Shircliff Way

(Certified No. 7020 2450 0002 1970 5404) Jacksonville, Florida 32204

(Certified No. 7020 2450 0002 1970 5411)

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 t o

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 ge ncy 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).