22-002103N Christopher Norman And Elizabeth Graham, Individually And As Parents And Next Friends Of Paisley Norman, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, October 12, 2022.

Summary: The Parties' Stipulation regarding NICA benefits is approved.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

C HRISTOPHER N ORMAN A ND E LIZABETH

G RAHAM , I NDIVIDUALLY A ND A S P ARENTS

A ND N EXT F RIENDS OF P AISLEY N ORMAN ,

A M INOR ,

Petitioners ,

vs. Case No. 22 - 2103N

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPENSATION A SSOCIA TION ,

Respondent .

/

F INAL O RDER A PPROVING S TIPULATION

On September 22, 2022, Petitioners Christopher Norman and Elizabeth

Gra ham, individually and as par ents and natural guardians of Paisley

Norman (Paisley ) , a minor; and Respondent, Florida Birth - Related

Neurological Injury Compensation Association (NICA) (collectively, the

Parties), filed a 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). Petitioner s

and NICA seek entry of an order approving the resolution of PetitionersÔ

claim for benefits filed in accordance with t he provisions of chapter 766.

P RELIMINARY S TATEMENT

On June 1 , 2022, Petitioners filed a Petition for Benefits (Petition),

seeking compensation under the Florida Birth - Related Neurological Injury

Compensation Association Plan (the Plan). The Petition nam ed Anastasia

Hawkins, D.O., as the participating physician providing obstetrical services

and Orange Park Medical Center, now known as HCA Florida Orange Park

Hospital (Orange Park) as the hospital were Paisley was born. On July 18,

2022, NICA, Dr. Hawkins , and Orange Park were served with the Petition by

certified mail.

On August 30, 2022, NICA filed a Response to Petition for Benefits,

stating that NICA agreed with the assertion that Paisley suffered a birth -

related neurological event as that term is de fined in section 766.302(2) . On

September 22, 2022, the Stipulation and Joint Petition was presented for

approval.

F INDINGS O F F ACT

Based on the Stipulation and Joint Petition , the following facts are found:

1. Christopher Norman and Elizabeth Graham are the parents of Paisley

Norman and are the ÑClaimantsÒ as defined by section 766.302(3).

2. On or about July 14, 2018, Paisley incurred a Ñbirth - related

neurological injuryÒ as that term is defined in section 766.302(2).

3. At birth, Paisley weighed 3,630 g rams.

4. Anastasia Hawkins, D.O., rendered obstetrical services with respect to

PaisleyÔs delivery. At all times, Dr. Hawkins was a Ñparticipating physicianÒ

as defined in section 766.302(7).

5. Orange Park is a hospital located in Orange Park, Clay County ,

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

6. Petitioners filed the Petition pursuant to section 766.305, seeking

compensation from NICA, and th e Petition is incorporated by reference in its

entirety, including all atta chments. Any reference made within this

document encompasses, where appropriate, the Plan.

C ONCLUSIONS O F L AW

7. The Division of Administrative Hearings (DOAH) has jurisdiction over

the subject matter of and the parties to this proceeding pursuant to sect ions

120.569, 120.57(1), and 766.304, Florida Statutes.

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

approve the settlement of any claim where NICA determines that injury is

compensable.

C ONCLUSION

Based upon the Findings of Fac t and Conclusions of Law, it is

O RDERED :

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

and the parties are directed to comply with the provisions of the Stipulation

and Joint Petition.

2. Petitioners, Christopher Norman and El izabeth Graham, are awarded

Two Hundred Fifty - Seven Thousand, Five Hundred Dollars ($257,500.00), to

be paid as a lump sum to the parents of Paisley Norman, as authorized by

section 766.31(1)(d).

3. Petitioners are also awarded payment of benefits pursuant to section

766.31(1)(a), subject to the terms of paragraph 19 of the Stipulation and Joint

Petition.

4. NICA will reimburse Bounds Law Group, attorneys for Petitioners, an

agreed - upon attorneyÔs fee of Twelve Thousand, Five Hundred Dollars

($12,500.00) , a nd expenses of One Thousand, Six Dollars and Seventy - Four

Cents ($1,006.74), for a total of Thirteen Thousand, Five Hundred and Six

Dollars and Seventy - Four Cents ($13,506.74), in full, for services rendered in

filing this claim.

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

of the Conclusion section of this Order, Petitioners Ô claims shall be deemed

fully satisfied and extinguished.

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

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

Order.

D ONE A ND O RDERED this 12th day of October , 2022 , 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 Hearings

this 12th day of October , 2022 .

C OPIES F URNISHED :

(via certified mail)

Amie Rice, Investigation Manager Simone Marstiller , Secretary

(Address of Record) (eServed)

(Certified No. 70211970000048605525) (Certified No. 70211970000048605563)

K im Kellum, Esquire Thomas M. Hoeler, Esquire

(eServed) (eServed)

(Certified No. 70211970000048605532) (Certified No. 70211970000048605570)

Kathe Alexander, Claims Manager Allison C. McMillen, Esquire

(eServed) (eServed)

(Certified No. 70211970000048605549) (Certified No. 70211970000048605587)

HCA Florida Orange Park Hospital Anastasia Hawkins, D.O.

(Address of Record) (Address of Record)

(Certified No. 70211970000048605556) (C ertified No. 70211970000048605594)

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 go verned 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 review ed, 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).