21-001177N Tairkeisha Chapman And Isaiah Chapman, Individually And As Natural Parents Of Isaiahskyler Chapman, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, July 14, 2021.

Summary: Final Order approving stipulation of NICA compensation.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

T AIRKEISHA C HAPMAN A ND I SAIAH

C HAPMAN , I NDIVIDUALLY A ND A S N ATURAL

P ARENTS OF I SAIAHSKYLER C HAPMAN , A

M INOR ,

Petitioners ,

vs. Case No. 21 - 1177N

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPENSATION A SSOCIATION ,

Respondent .

/

O RDER A PPROVING S TIPULATION FOR E NTRY OF A WARD

This cause came on for consideration pursuant to sections 766.304

and 766.305(7), Florida Statutes, upon the 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), filed with the Division of Administrative Heari ngs (DOAH) on

July 2, 2021, 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 th e S tipulation and Joint Petition , Petitioners, Tairkeisha

Chapman and Isaiah Chapman, as parents and natural guardians of

Isaiahskyler Chapman (Isaiahskyler), a minor, and Respondent, the Florida

Birth - Related Neurological Injury C ompensation Association (NICA), have

agreed that Tairkeisha Chapman and Isaiah Chapman are the parents and

legal guardians of Isaiahskyler; that Isaiahskyler was born a live infant on or

about February 2, 2020, at Sacred Heart Health System, Inc. d/b/a Asc ension

Sacred Heart Pensacola, a ÑhospitalÒ as defined by section 766.302(6), located

in Pensacola, Florida; and that IsaiahskylerÔs birth weight exceeded 2,500

grams. The parties have further agreed that Sharon L. Seidel, M.D., provided

obstetrical servic es at IsaiahskylerÔs delivery and was a Ñparticipating

physicianÒ in the Florida Birth - Related Neurological Injury Compensation

Plan, as defined by section 766.302(7). Finally, the parties have agreed that

Isaiahskyler suffered a Ñbirth - related neurologica l injury,Ò as that term is

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

IsaiahskylerÔs injury. It is

O RDERED :

1. The Stipulation and Joint Petition filed on July 2, 2021, is hereby

approved, and the parties are directed to com ply with the provisions of the

Stipulation and Joint Petition.

2. Petitioners, Tairkeisha and Isaiah Chapman, as the parents and legal

guardians of Isaiahskyler, a minor, are awarded two hundred fifty thousand

dollars ($250,000.00), pursuant to section 76 6.31(1)(b)1., to be paid as a lump

sum to Petitioners; and payment of all benefits, past and future, as

authorized by section 766.31(1)(a), subject to the provisions of paragraph 19

of the Stipulation and Joint Petition.

3. NICA shall reimburse Ronald S. Gilbert, Esquire, of Colling , Gilbert ,

Wright , & Carter, LLC, an agreed upon attorneyÔs fee of twelve thousand five

hundred dollars ($12,500.00), and expenses of five hundred dollars ($500.00);

totaling thirteen thousand dollars ($13,000.00) for services r endered in the

filing of the claim.

4. Upon the payment of the award of $250,000.00, past benefits/expenses,

and attorneyÔs fees and expenses of $13,000.00, the claim 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 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 RD ERED this 14th day of July, 2021 , in Tallahassee, Leon

County, Florida.

S

T ODD P. R ESAVAGE

Administrative Law Judge

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

www.doah.state.fl.us

Filed with the Clerk of the

Division of Admini strative Hearings

this 14th day of July, 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. 7020 2450 0002 1970 3417)

(Certified No. 7019 2970 0 000 6014 2147)

Tho mas M. Hoeler, Esquire

Kim Kellum, Esquire Agency for Health Care 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. 7020 2450 0002 1970 3424)

(Certified No. 7020 2450 0002 1970 3394)

Sharon L. Seidel, M.D.

1657 Trinity Drive

Pensacola, Florida 32504

(Certified No. 7020 2450 000 2 1970 3486)

Ronald S. Gilbert, Esquire Jon Rubinstein, Esquire

Colling , Gilbert , Wright , & Carter, LLC Cohen, Placitella & Roth, PC

Suite 830 Suite 2900

80 1 North Orange Avenue 2001 Market Street

Orlando, Florida 32801 Philadelphia, Pennsylvania 19103

(Certified No. 7020 2450 0002 1970 3400) (Certified No. 7020 2450 0002 1970 3431)

Kenney Shipley, Executive Director Melvin B. Wright, Esquire

Florida Birth - Related Neurological Colling, Gilbert, Wright & Carter

Injury Compensation Association Suite 830

Suite 1 801 North Oran ge Avenue

2360 Christopher Place Orlando, Florida 32801

Tallahassee, Florida 32308 (Certified No. 7020 2450 0002 1970 3462)

(Cert ified No. 7020 2450 0002 1970 3448)

Joseph Andrew Wilson, Esquire

David W. Black, Esquire Wilson, Harrell, Farrington, Ford,

Frank, Weinberg & Black, P.L. Wilson, Spain & Parsons, P.A.

7805 Southwest 6th Court 307 South Palafox Street

Plantation, Florida 33324 Pensacola, Florida 32502

(Certified No. 7020 2450 0002 1970 3455) (Certified No. 7020 2450 0002 19 70 3479)

Ascension Sacred Heart Hospital Pensacola

Attention Risk Management

515 1 North 9th Avenue

Pensacola, Florida 32504

(Certified No. 7020 2450 0002 1970 3493)

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 Statutes.

Review proceedings are governed by the Florida R ules 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 rendition of the order to be reviewed, and a copy,

accompa nied 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).