21-002806N Jeremy Lee Posey And Madison O`brien, O/B/O Kolton Posey, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, February 24, 2022.

Summary: Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes approved.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

J EREMY L EE P OSEY A ND M ADISON

O` BRIEN , O/B/O K OLTON P OSEY , A M INOR ,

Petitioners ,

vs. Case No. 21 - 2806N

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPENSATION A SSOCIATION ,

Respondent,

and

M ICHAEL J. S TROUP , M.D., A ND O RLANDO

H EALTH , I NC . D/B/A W INNIE P ALMER

H OSPITAL ,

Intervenors .

/

F INAL ORDER APPROVING STIPULATION FOR ENT RY OF AWARD

This cause comes before the undersigned pursuant to sections 766.304 and

766.305(7), Florida Statutes (2021), upon the parties' Stipulation and Joint

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

Neurological Injury Pursuant to Chapter 766, Florida Statu tes 1 (Stipulation),

filed February 9, 2022, for entry of an order approving the resolution of a

claim for compensation filed in accordance with the provisions of Chapter

766, Florida Statutes, and resolving the exclusive remedy available as

outlined in Cha pter 766. Intervenors have not filed a pleading in opposition

to the Stipulation.

1. Mr. Posey and Ms. O'Brien are the parents and legal guardians of

Kolton Posey. All references to Mr. Posey and Ms. O'Brien are to them in

1 All references to Florida Statutes are to the 2021 codification.

their individual capacities and a s parents and legal guardians of Kolton

Posey.

2. Kolton Posey incurred a "birth - related neurological injury" as that term

is defined in section 766.302(2), Florida Statutes (2021), on or about

December 22, 2021. Colton PoseyÔs birth weight exceeded 2,500 grams.

3. Michael J. Stroup, M.D., provided obstetrical services in the delivery of

Kolton Posey. At all relevant times, Dr. Stroup was a "participating

physician" as defined in Section 766.302(7), Florida Statutes.

4. Orlando Health, Inc., d/b/a Winnie Palmer Hospital (Hospital) is located

in Orlando, Florida and is a "hospital" as the term is defined in section

766.302(6), Florida Statutes. Kolton Posey was born at Hospital.

It is O RDERED :

A. The Division of Administrative Hearings has jurisdiction over this

matter.

B. The Stipulation and Joint Petition filed on February 9, 2022, is

approved and incorporated by reference. The parties must comply with the

provisions of the Joint Stipulation.

C. NICA must pay Mr. Posey and Ms. O'Brien $ 257,500.00 as a lum p sum.

Section 766.31(1)(b), Florida Statutes, authorizes this payment.

D. NICA must pay all benefits, past and future, as authorized by section

766.31, Florida Statutes.

E. NICA must reimburse Brooke Charlan, attorney for Mr. Posey and

Ms. O'Brien, an at torney's fee of $10,360 and expenses of $1,906.94, totaling

$12,266.94, as payment in full for services rendered in the filing of this claim.

F. Upon payment of the above amounts, Petitioners' claims are fully

satisfied.

G. Within 30 days of the entering of this Order, Petitioners must provide

NICA (a) a complete list (with copies of invoices and names and addresses of

providers) of all known past expenses under section 766.31(1), Florida

Statutes, for which Petitioners seek reimbursement, in accordance wi th the

terms of their Stipulation and (b) a complete list, under oath, of any source of

funds or payments of any kind or nature, whether from state or federal

government, pre - paid health plan , health maintenance organizations, or

other providers of insura nce.

H. The Division of Administrative Hearings retains jurisdiction over this

matter to resolve any dispute about the parties' compliance with the terms of

this Order, including the incorporated Stipulation and Joint Petition.

D ONE A ND O RDERED this 24 th day of February , 2022 , in Tallahassee, Leon

County, Florida.

S

J OHN D. C. N EWTON , II

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 Adminis trative Hearings

this 24 th day of Februar y , 2022 .

C OPIES F URNISHED :

(via certified mail)

Amie Rice, Investigation Manager Simone Marstiller , Secretary

Consumer Services Unit Ag ency 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

Thomas M. Hoeler, Esquire

Kim Kellum, Esquire Agency for Health Care Administration

Age ncy for Health Care Administration 2727 Mahan Drive, Mail Stop 3

2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308

Tallahassee, Florida 32308

Brooke India Charlan, Esquire Jack Tobias Cook, Esquire

Morgan & Morgan Morgan & Mor gan, P.A.

20 North Orange Avenue, Suite 1600 9th Floor

Orlando, Florida 32801 20 North Orange Avenue

Orlando, Florida 32801

Kenney Shipley, Executive Director

Florida Birth - Related Neurological David W. Black, Esquire

Injury Compensation Association Frank, Weinberg & Black, P.L.

Post Office Box 14567 7805 Southwest 6th Court

Tallahassee, Florida 32317 Plantation, Florida 33324

Jeremy T. Palma, Esquire

Rissman, Barrett, Hurt, Donahue &

McLain, PA

Suite 1400

201 East Pine Street

Orlando, Florida 32801

N OTICE O F R IGHT T O J UDICIAL R EVIEW

Review of a final order of an administra tive 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 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 A ppeal. 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).