STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AMANDA HUGGINS, on behalf of ) and as parent and natural ) guardians of SHAMIAH HUGGINS, a ) deceased minor, )

)

Petitioner, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent. )

Case No. 11-3816N

)

FINAL ORDER APPROVING STIPULATION AND JOINT PETITION

FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTES

This cause came on for consideration, pursuant to sections

766.304 and 766.305(7), Florida Statutes, upon the Stipulation and Joint Petition of the parties, filed December 5, 2011, for the entry of an order approving the resolution of a formal claim for compensation benefits heretofore filed in this cause in accordance with the provisions of chapter 766, Florida Statutes, and a resolution of the exclusive remedy otherwise available as outlined in chapter 766.

By the terms of their Stipulation, the parties have agreed that Petitioner, Amanda Huggins, is the parent and legal guardian of Shamiah Huggins (Shamiah), a deceased minor; that

Shamiah was born a live infant on June 14, 2009, at Jackson North Medical Center, a "hospital," as defined by section 766.302(6); and that Shamiah's birth weight was 3,015 grams, exceeding the statutory 2,500 grams. The parties have further agreed that the physician delivering obstetrical services at Shamiah's birth was Nelson L. Adams, M.D., who, at all times material hereto, was a "participating physician" in the Florida Birth-Related Neurological Injury Compensation Plan, as defined by section 766.302(7). Finally, by their stipulation, the parties have agreed that Shamiah suffered a "birth-related neurological injury," as that term is defined by section 766.302(2), and died on November 11, 2009.

After due consideration of the interests of all parties, and being otherwise fully advised in the premises, it is

ORDERED that:

1. The Stipulation and Joint Petition of the parties, filed December 5, 2011, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioner, Amanda Huggins, as the parent and legal guardian of Shamiah Huggins, a deceased minor, is awarded One hundred thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1., and a death benefit of Ten thousand dollars ($10,000.00), pursuant to section 766.31(1)(b)2., to be paid in lump sum.

   
   

3. Respondent shall pay to Jamie L. Allen, Esquire, reasonable expenses, pursuant to section 766.31(1)(c), incurred in connection with filing of the claim (attorney’s fees and costs), subject to approval by the Administrative Law Judge.

4. Upon payment of the award of One hundred thousand dollars ($100,000.00), a death benefit of Ten thousand dollars ($10,000.00), reasonable expenses incurred in connection with the filing of the claim, and payment of past benefits under section 766.31(1)(a), the claims of Petitioner (claimant) shall be deemed fully satisfied and extinguished.

5. No provision is made under section 766.31(2), to pay future benefits/expenses because the child, Shamiah, is deceased.

6. The Division of Administrative Hearings retains jurisdiction over this matter to resolve any dispute as to the interpretation of any provision of the parties' stipulation, and to resolve any disputes, including but not limited to past expenses and attorneys fees and costs, should they arise, regarding the parties' compliance with the terms of such stipulation and this Final Order.

DONE AND ORDERED this 8th day of December, 2011, in Tallahassee, Leon County, Florida.

S

ELLA JANE P. DAVIS

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 8th day of December, 2011.

COPIES FURNISHED:

(Via Certified Mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association 2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7010 3090 0000 0717 2182)

Jamie L. Allen, Esquire

110 East Broward Boulevard, Suite 1700 Fort Lauderdale, Florida 33301

(Certified Mail No. 7010 3090 0000 0717 2199)

Nelson L. Adams, III, M.D.

100 Northwest 170th Street Suite 304

North Miami Beach, Florida 33169

(Certified Mail No. 7010 3090 0000 0717 2205)

Jackson North Medical Center

160 Northwest 170th Street

North Miami Beach, Florida 33169

(Certified Mail No. 7010 3090 0000 0717 2212)

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275

(Certified Mail No. 7010 3090 0000 0717 2229)

Elizabeth Dudek, Secretary Health Quality Assurance

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7010 3090 0000 0717 2236)

NOTICE OF RIGHT TO JUDICIAL REVIEW

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 agency clerk 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).

Docket for Case No: 11-003816N

Orders for Case No: 11-003816N