22-001611N Madison Weir O/B/O Colter Weir, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, September 30, 2022.

Summary: Final Order approving Stipulation for NICA compensation.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

M ADISON W EIR O/B/O C OLTER W EIR , A

M INOR ,

Petitioner ,

vs. Case No. 22 - 1611N

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPENSATION A SSOCIATION ,

Respondent .

/

F INAL O RDER A PPROVING S TIPULATION F OR 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 Hearings on September 9,

2022, 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 their stipulation, Petitioner, Madison Weir, as parent and

natural guardian of Colter Weir, a minor, and Respondent, the Florida Birth -

Related Neurological Injury Compensation Association (NICA), have agreed

that Madison Weir is the parent and natural legal guardian of Colter Weir

(Colter), a minor; th at Colter was born a live infant at UF Shands Hospital,

which is a ÑhospitalÒ as defined by section 766.302(6) located in Gainesville,

Florida; and that ColterÔs birth weight exceeded 2,500 grams. The Parties

have further agreed that Mehmet Genc, M.D., pro vided obstetrical services at

Colter's delivery and was a Ñparticipating physicianÒ in the Florida Birth -

Related Neurological Injury Compensation Plan, as defined by section

766.302(7). The Parties have agreed that Colter suffered a Ñbirth - related

neurolog ical injury,Ò as that term is defined by section 766.302(2), which was

the sole and proximate cause of Colter's current medical condition.

It is O RDERED :

1. The Stipulation and Joint Petition filed on September 9, 2022, is hereby

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

Stipulation and Joint Petition.

2. Petitioner, Madison Weir, as the parent and natural guardian of Colter,

a minor, is awarded Two Hundred Fifty - Seven Thousand, Five Hundred

Dollars ($257,500.00), pursuant to section 766.31(1)(d)1., to be paid as a lump

sum to Petitioner; payment of benefits up to and including the effective date

of the Stipulation and Joint Petition pursuant to section 766.31(1)(a), subject

to the provisions of paragraph 18 of the Stipulat ion and Joint Petition; and

payments of future expenses, as incurred. In addition, NICA will reimburse

the Law Firm of Morgan and Morgan, attorneys for Petitioner, an agreed

upon attorneysÔ fee of $11,832.50 and expenses of $1,897.14, totaling

$13,729.64 i n full, for services rendered in the filing of this claim. The

Petitioner and counsel acknowledge that it is understood Ñthe claimants shall

not be liable for any expense, including attorneyÔs fees, incurred in connection

with the filing of a claim under s ections 766.301 - 766.316, other than those

expense s awarded under s ection 766.31.

3. Upon the payment of the award of $257,500.00, payment of attorneyÔs

fees and expenses as set forth above, and past benefit/expenses, the claims of

Petitioner shall be deeme d fully satisfied and extinguished, except for

Respondent's continuing obligation under section 766.31(2) to pay future

expenses, as incurred.

4. The Division of Administrative Hearings 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 30th day of September , 2022 , in Tallahassee,

Leon County, Florida.

S

W. D AVID W ATKINS

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 Hearings

this 30th day of September , 2022 .

C OPIES F URNISHED :

(via certified mail)

Amie Rice, Investigation Manager Simone Marstiller , Secretary

(Address of Record) (eServed)

(Certified No. 7021 1970 0000 4860 7031) (Certified No. 7021 1970 0000 4860 7048)

Kim Kellum, Esquire Thomas M. Hoeler, Esquire

(eServed) (eServed)

(Certified No. 7021 1970 0000 4860 7055) (Certified No. 7021 1970 0000 4860 7062)

Kathe Alexander, Claims Manager Brooke Ind ia Charlan, Esquire

(eServed) (eServed)

(Certified No. 7021 1970 0000 4860 7079) (Certified No. 7021 1970 0000 4860 7086)

Jack Tobias Cook, Esquire University of Florida Shands Hospital

(eServed) (Address of Record)

(Certified No. 7021 1970 0000 4860 75 05) (Certified No. 7021 1970 0000 4860 9110)

Mehmet R. Genc, M.D.

(Address of Record)

(Certified No. 7021 1970 0000 4860 9127)

N OTICE OF R IGHT T O J UDICIAL R EVIEW

Review of a final order of an administrative la w 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

admini strative 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 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).