21-002615N Stephanie Brynes, As Personal Representative Of The Estate Of Delaney Brynes vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, November 18, 2021.

Summary: The award described in the Stipulation and Joint Petition is approved.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

S TEPHANIE B RYNES , A S P ERSONAL

R EPRESENTATIVE OF T HE E STATE OF

D ELANEY B RYNES ,

Petitioner ,

vs. Case No. 21 - 2615N

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPENSATION A SSOCIATION ,

Respondent,

and

S ACRED H EART H EALTH S YSTEM , I NC .,

Intervenor .

/

F INAL O RDER A PPROVING S TIPULATION

On November 5, 2021, Stephanie Brynes, as parent and natural guardian

of Delane y Brynes (deceased), and the Florida Birth - Related Neurological

Injury Compensation Association (NICA), filed a Stipulation and Joint

Petition for Compensation of Claim Arising Out of Florida Birth - Related

Neurological Injury Pursuant to Chapter 766, Flori da Statutes (Stipulation

and Joint Petition). Petitioner and NICA seek entry of an order approving the

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

chapter 766.

P RELIMINARY S TATEMENT

On August 27, 2021, Petitioner Stepha nie Brynes, as parent and natural

guardian, and as personal representative for the Estate of Delaney Brynes,

filed a Petition for Determination as to the Applicability of FloridaÔs Birth -

Related Neurological Injury Compensation Plan (the Petition). The Pet ition

named Lynda Gilliam, M.D., as the physician providing obstetrical services,

and Sacred Heart Hospital as the hospital where Delaney was born. On

September 3, 2021, NICA, Dr. Gilliam, and Sacred Heart Hospital were

served by certified mail, and on Sep tember 22, 2021, Sacred Heart Health

System, Inc., moved to intervene. The Motion to Intervene was granted by

Order dated September 28, 2021.

On September 23, 2021, NICA responded to the Petition, asserting that

based on its review of the documentation pro vided, the claim was

compensable. On October 21, 2021, an Order was issued directing the parties

to provide mutually acceptable dates for hearing. In response, NICA filed a

Status Report stating that the parties did not believe that there was a need

for he aring, and the parties were in the process of finalizing a Stipulation and

Joint Petition for filing with the Division of Administrative Hearings

(DOAH). Consistent with the Status Report, the Stipulation and Joint

Petition was filed November 5, 2021, and is signed by representatives for

Petitioner, Respondent, and Intervenor.

F INDINGS O F F ACT

Based on the Stipulation of the parties and the allegations in the Petition,

the following facts are found:

1. Stephanie Brynes (Petitioner) is the parent of Delaney Brynes

(Delaney) and is the Claimant as that term is defined in section 766.302(3).

2. Delaney incurred a birth - related neurological injury as that term is

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

DelaneyÔs death.

3. At bir th, Delaney weighed 3,460 grams.

4. Lynda Gilliam, M.D., rendered obstetrical services in DelaneyÔs delivery

and, at all times material to this proceeding, was a Ñparticipating physicianÒ

as that term is defined in section 766.302(7).

5. Ascension Sacred H eart Pensacola is a hospital located in Pensacola,

Florida, and is the ÑhospitalÒ as that term is defined in section 766.302(6).

6. Delaney died on January 15, 2019.

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

compensation from NICA , and that Petition is incorporated 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 ONCLU SIONS O F L AW

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

proceeding pursuant to sections 120.569, 120.57(1), and 766.301, Florida

Statutes.

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

approve the se ttlement of any claim where NICA determines that the injury

is compensable.

C ONCLUSION

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

O RDERED :

1. The Stipulation and Joint Petition filed November 5, 2021, is approved,

and the parties a re directed to comply with the provisions of the Stipulation

and Joint Petition.

2. Petitioner, Stephanie Brynes, as the parent of Delaney, is awarded Two

Hundred Fifty Thousand Dollars ($250,000), as authorized by section

766.31(1)(b), to be paid as a lum p sum.

3. Petitioner is also awarded a death benefit of Fifty Thousand Dollars

($50,000), as authorized by section 766.31, and payment of past expenses

pursuant to section 766.31(1)(a), subject to the provisions of paragraph 20 of

the Stipulation and Joint Petition.

4. NICA will reimburse J ack Lurton, Esquire, attorney for Petitioner, an

agreed - upon attorneyÔs fee of Twelve Thousand Five Hundred Dollars

($12,500), and expenses of Six Thousand Five Hundred Eighteen Dollar s and

Thirty - Three Cents ($6,518.33) for a total of Nineteen Thousand Eighteen

Dollars and Thirty - Three Cents ($19,018.33) in full, for services rendered in

the filing of this claim.

5. Upon payment of the award described in paragraphs two through four

of the final section of this Order, Peti tionerÔs claims shall be deemed fully

satisfied and extinguished.

6. D OAH retains jurisdiction over this matter to resolve any disputes,

should they arise, regarding the partiesÔ compliance with the terms of this

O RDER .

D ONE A ND O RDERED this 18th day of N ovember , 2021 , in Tallahassee,

Leon County, Florida.

S

L ISA S HEARER N ELSON

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 Administrative Hearin gs

this 18th day of November , 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. 7021197 0000048608274)

(Certified No. 70211970000048 608229)

Thomas 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. 70211970000048608281)

(Certified No. 70211970000048608236)

Bob Kerrigan, Esquire

Jack W. Lurton, Esquire Kerrigan, Estess, Ranking,

Beggs & Lane RLLP McLeod, and Thompson, LLP

501 Commendencia Street 400 East Government Street

Pensacola, Florida 32502 Pensacola, Florida 32501

( Certified No. 70211970000048608243) (Certified No. 70211970000048608298)

Kenney Shipley, Executive Director Joseph Andrew Wilson, Esquire

Florida Birth - Related Neurological Wilson, Harrell, Farrington, Ford,

Injury Compensation Association Wilson, Spain & Parsons, P.A.

Post Office Box 14567 307 S outh Palafox Street

Tallahassee, Florida 32317 Pensacola, Florida 32502

(Certified No. 70211970000048608250) (Certified No. 70211 970000048608304)

M. Mark Bajalia, Esquire Lynda Gilliam, M.D.

Ba jalia Law Suite 200

Suite 301 1591 Summit Lake Drive

11512 Lake Mead Avenue Tallahassee, Florida 32317

Jacksonville, Florida 32256 (Certified No . 70211970000048608311)

(Certified No. 70211970000048608267)

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 proceedings are commenced by filing the original notice of

administrative appeal with the a gency c l erk 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).