STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MOLLY HILDAHL AND BJORN HILDAHL,

individually and as parents and next friends of SABINE HILDAHL, a minor,

vs.

Petitioners,

Case No. 14-2075N

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent,

and

LORI K. LAMBERT, M.D., AND ORLANDO HEALTH, INC., d/b/a WINNIE PALMER HOSPITAL,

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 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 October 9, 2014, 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,

Molly Hildahl and Bjorn Hildahl, as parents and natural guardians of Sabine Hildahl, a minor, and Respondent, the Florida Birth- Related Neurological Injury Compensation Association (NICA), have agreed that Molly Hildahl and Bjorn Hildahl, are the parents and legal guardians of Sabine Hildahl (Sabine), a minor; that Sabine was born a live infant on or about December 10, 2012, at Orlando Health, Inc., d/b/a Winnie Palmer Hospital, a “hospital” as defined by section 766.302(6) located in Orlando, Florida; and that Sabine’s birth weight exceeded 2,500 grams. The Parties have further agreed that Lori K. Lambert, M.D., provided obstetrical services at Sabine's delivery and 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 Sabine suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Sabine's permanent and substantial mental and physical impairments.

It is ORDERED:

1. The Stipulation and Joint Petition filed on October 9, 2014, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Molly Hildahl and Bjorn Hildahl, as the parents and legal guardians of Sabine Hildahl, a minor, is awarded one hundred thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be paid as lump sum payment to the parents; 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 payments of future expenses as incurred.

3. NICA will reimburse McMillen Law Firm, attorneys for Petitioners, an agreed upon attorney’s fee of $10,000.00 and expenses of $417.79, totaling $10,417.79 in full for services rendered in the filing of this claim.

4. Upon the payment of the award of $100,000.00, past benefit/expenses, and $10,417.79 for attorney’s 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 10th day of October, 2014, in Tallahassee, Leon County, Florida.

S

BARBARA J. STAROS

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 10th day of October, 2014.

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association 2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

Wicker, Smith, O'Hara, McCoy, Ford, P.A. Post Office Box 2753

Orlando, Florida 32802

(Certified Mail No. 7014 1200 0002 3336 4587)

Jeremy T. Palma, Esquire Rissman, Barrett, Hurt,

Donahue and McLain, PA

201 East Pine Street, Suite 1400 Post Office Box 4940

Orlando, Florida 32801

(Certified Mail No. 7014 1200 0002 3336 4594)

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

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

(Certified Mail No. 7014 1200 0002 3336 4600)

Elizabeth Dudek, Secretary Health Quality Assurance

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

Tallahassee, Florida 32308

(Certified Mail No. 7014 120 0002 3336 4617)

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: 14-002075N

Orders for Case No: 14-002075N