STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ARLINA J. HOMUTH AND CHARLES A.

HOMUTH, on behalf of and as parents and natural guardians of ZACHARY HOMUTH, a minor,

vs.

Petitioners,

Case No. 12-3382N

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent,

and

TARPON SPRINGS HOSPITAL FOUNDATION, INC., d/b/a HELEN ELLIS MEMORIAL HOSPITAL, MAHNEE DINSMORE, M.D., BERENICE M. ROWELL, R.M., L.M., C.P.M., AND LABOR OF LOVE ENTERPRISES,

Intervenors.

/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

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 Claims 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 December 17, 2013, 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, Petitioners, Arlina J. Homuth and Charles A. Homuth, on behalf of and as parents and natural guardians of Zachary Homuth, a minor; Respondent, the Florida Birth-Related Neurological Injury Compensation Association (NICA); and Intervenors, Tarpon Springs

Hospital Foundation, Inc., d/b/a Helen Ellis Memorial Hospital, Mahnee Dinsmore, M.D., Berenice M. Rowell, R.M., L.M., C.P.M., and Labor of Love Enterprises have agreed that Arlina J. Homuth and Charles A. Homuth are the parents and legal guardians of Zachary Homuth (Zachary), a minor; that Arlina J. Homuth and Charles A. Homuth are the "Claimants" as defined by section 766.302(3); that Zachary was born a live infant on or about July 20, 2011, at Helen Ellis Memorial Hospital, a “hospital” as defined by section 766.302(6) located in New Port Richey, Florida; and that Zachary's birth weight exceeded 2,500 grams.

The Parties have further agreed that Mahnee Dinsmore, M.D., provided obstetrical services at Zachary's delivery and, at all material times, was a “participating physician” in the Florida Birth-Related Neurological Injury Compensation Plan, as defined by section 766.302(7). The Parties have agreed that Zachary suffered a “birth-related neurological injury,” as that term is

defined by section 766.302(2), which was the sole and proximate cause of Zachary’s permanent and substantial mental and physical impairments.

It is ORDERED:

1. The Stipulation and Joint Petition filed on December 17, 2013, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Arlina J. Homuth and Charles A. Homuth, as the parents and natural guardians of Zachary Homuth, a minor, are awarded one hundred thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be paid in a lump sum payment; payment of benefits up to and including the effective date of the Joint Stipulation and Petition pursuant to section 766.31(1)(a), subject to the provisions of paragraph 19 of the Stipulation and Joint Petition; and payment of future expenses as incurred.

3. Respondent shall pay John Bales Attorneys, attorneys for Petitioners, ten thousand dollars ($10,000.00) for attorney's fees and two thousand five hundred dollars ($2,500.00) for expenses, totaling twelve thousand five hundred dollars ($12,500.00) in full, for services rendered in the filing of Petitioners' claim.

4. Upon the payment of the award of $100,000.00, past benefit/expenses, and attorneys’ fees and costs the claims of Petitioners shall be deemed fully satisfied and extinguished,

   
   

   except for Respondent's continuing obligation under section 766.31(2) to pay future expenses as incurred.

5. The Division of Administrative Hearings retains jurisdiction over this matter to resolve any disputes, should they arise, regarding the parties’ compliance with the terms of this Order.

DONE AND ORDERED this 23rd day of December, 2013, in Tallahassee, Leon County, Florida.

S

SUSAN BELYEU KIRKLAND

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 23rd day of December, 2013.

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. 7012 1010 0001 8358 0304)

Dalia Huddleston, Esquire John Bales Attorneys Suite 400

9700 Dr. Martin Luther King, Jr. Street, North St. Petersburg, Florida 33702

(Certified Mail No. 7012 1010 0001 8358 0311)

Thomas L. Schieffelin, Esquire Hill, Adams, Hall, and Schieffelin Suite 200

1030 West Canton Avenue Winter Park, Florida 32789

(Certified Mail No. 7013 1710 0000 1621 0509)

Louis LaCava, Esquire LaCava and Jacobson PA

101 East Kennedy Boulevard, Suite 2500 Tampa, Florida 33602

(Certified Mail No. 7013 1710 0000 1621 0523)

Mindy McLaughlin, Esquire Burton, Beytin & McLaughlin

201 North Franklin Street, Suite 2900 Tampa, Florida 33602

(Certified Mail No. 7013 1710 0000 1621 0530)

Robert J. Grace, Esquire The Bleakley Bavol Law Firm 15170 North Florida Avenue Tampa, Florida 33613

(Certified Mail No. 7013 1710 0000 1621 0547)

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

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

(Certified Mail No. 7013 1710 0000 1621 0554)

Elizabeth Dudek, Secretary Health Quality Assurance

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

Tallahassee, Florida 32308

(Certified Mail No. 7013 1710 0000 1621 0561)

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: 12-003382N

Orders for Case No: 12-003382N