22-000509N Christopher Cameron And Mahala Gaines O/B/O Ashton Cameron, Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, April 1, 2022.

Summary: Final Order Denying Unopposed Motion for Summary Final Order and approving Joint Stipulation for NICA compensation.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

C HRISTOPHER C AMERON A ND M AHALA

G AINES O/B/O A SHTON C AMERON ,

D ECEASED ,

Petitioners ,

vs. Case No. 22 - 0509N

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPENSATION A SSOCIATION ,

Respondent .

/

F INAL O RDER A PPROVING S TIPULATION FOR E NTRY OF A WARD AND D ENYING

M OTION FOR S UMMARY F INAL O RDER

This cause came on for consideration on RespondentÔs Unopposed Motion

for Summary Final Order, filed March 16, 2022, and, pursuant to sections

766.304 and 766.305, 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 Administrativ e Hearings

(DOAH) on March 30, 2022 , for the entry of an order approving the resolution

of a claim for compensation benefits filed in accordance with the provisions of

cha pter 766, and a resolution of the exclusive remedy otherwise available as

outlined in chapter 766.

By the terms of their S tipulation and Joint Petition , Petitioners,

Christopher Cameron and Mahala Gaines , as parents and guardians of

Ashton Cameron , a dec eased minor, and Respondent, the Florida Birth -

Related Neurological Injury Compensation Association (NICA), have agreed

that Christopher Cameron and Mahala Gaines are the parents and legal

guardians of Ashton Cameron (Ashton) ; that Ashton was born a live i nfant on

May 26, 2021 ; that AshtonÔs birth weight exceeded 2,500 grams ; and that

Ashton died on June 28, 2021 . The parties have further agreed that Richard

Chlouber, M.D., provided obstetrical services at AshtonÔs delivery at Oak Hill

Hospital, that Dr. Ch louber was a Ñparticipating physicianÒ in the Florida

Birth - Related Neurological Injury Compensation Plan, and that Oak Hill

Hospital was a hospital, as defined by section 766.302(7). The parties have

agreed that Ashton suffered a Ñbirth - related neurologic al injury,Ò as that

term is defined by section 766.302(2), which was the sole and proximate

cause that led to Ashton Ôs death .

It is O RDERED :

1. The Stipulation and Joint Petition filed on March 30, 2022 , is hereby

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

Stipulation and Joint Petition. The Unopposed Motion for Summary Final

Order is D ENIED as moot.

2. Petitioners, Christopher Cameron and Mahala Gaines , as the parents

and legal guardians of Ashton , a minor, are awarded t wo hundred fifty - seven

thousand five hundred dollars ($ 257 , 5 00.00), pursuant to section

766.31(1)(b)1., and a death benefit in the amount of fifty thousand dollars

($50,000.00), pursuant to section 766.31(1)(b)2., for a total of three hundred

seven thousan d five hundred dollars ($307,500.00), to be paid as a lump sum

to the parents.

3. NICA will reimburse Brooke I. Charlan, Esquire, attorney for

Petitioners, an agreed - upon attorneyÔs fee of six thousand three hundred

fifty - five dollars ($6,355.00), and expe nses of eight hundred forty - five dollars

and fourteen cents ($845.14), for a total of seven thousand two hundred

dollars and fourteen cents ($7,200.14).

4. Upon the full payment of the award of $ 307,500 .00, as outlined in

paragraph 2 above, and $7,200.14, as outlined in paragraph 3 above, the

claims of Petitioners shall be deemed fully satisfied and extinguished .

D ONE A ND O RDERED this 1st day of April , 2022 , in Tallahassee, Leon

County, Florida.

S

R OBERT J. T ELFER III

Administrative Law Judge

1230 Apalac hee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 1st day of April , 2022 .

C OPIES F URNISHED :

(via certified mail)

Amie Rice, Investigation Manager Simone Marstiller , Secretary

Consume r 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. 7021 2720 0000 3800 7968)

(Certified No. 7021 2720 0000 3800 7913)

Thomas M. Hoeler, Esquire

Kim Kellum, Esquire Agency for Health Care Administration

Agency for Health Care Administration 2727 Mahan Drive, Mail S top 3

2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308

Tallahassee, Florida 32 308 (Certified No. 7021 2720 0000 3800 7975)

(Certified No. 7021 2720 0000 3800 7920)

Brooke India Charlan, Esquire

Kathe Alexander, Claims Manager Morgan & Morgan , P.A.

Florida Birth - Related Neurological 20 North Orange Avenue , 16th Floor

Injury Compensation Association Orlando, Florida 32801

2252 Killearn Center Boulevard (Certified No. 7021 2720 0000 3800 7982)

Tallahassee, Florida 32309

(Certified No. 7021 2720 0000 3800 7937)

Jack Tobi as Cook, Esquire Oak Hill Hospital

Morgan & Morgan, P.A. Attentio n: Risk Management

20 North Orange Avenue , 9th Floor 11375 Cortez Boulevard

Orlando, Florida 32801 Brooksville, Florida 34613

(Certified No. 7021 2720 0000 3800 7944) (Certified No. 7021 2720 0000 3800 7999)

Richard O. Chlouber, M.D.

4003 Mariner Boulevard

Spring Hill, Florida 34609

(Certified No. 7021 2720 0000 3800 7951)

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 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 Ad ministrative

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 Neurol ogical Injury Comp. Ass'n v. Carreras , 598 So. 2d 299

(Fla. 1st DCA 1992).