STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SHALONDA STONE AND MICHAEL

WOODS, individually and as parents of ZYLER D. WOODS, a minor,

vs.

Petitioners,

Case No. 17-4239N

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent,

and

HALIFAX HOSPITAL MEDICAL CENTER,

Intervenor.

/

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 July 18, 2017, 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, Shalonda Stone and Michael Woods, as parents and natural guardians of Zyler D. Woods (Zyler), a minor, and Respondent, the Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Shalonda Stone and Michael Woods are the parents and legal guardians of Zyler; that Zyler was born a live infant on or about November 3, 2016, at Halifax Hospital Medical Center, a “hospital” as defined by section 766.302(6) located in Daytona Beach, Florida; and that Zyler’s birth weight exceeded 2,500 grams. The Parties have further agreed that Linda Haddox, M.D., provided obstetrical services at Zyler'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 Zyler suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Zyler's current medical condition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on December 15, 2017, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

   
   

2. Petitioners, Shalonda Stone and Michael Woods, as the parents and legal guardians of Zyler, a minor, are awarded one hundred thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be paid as a lump sum to the parents; 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 19 of the Stipulation and Joint Petition; and payments of future expenses, as incurred.

3. NICA will reimburse Ronald Gilbert, Esquire, attorney for Petitioners, an agreed-upon attorney’s fee of $10,000.00 and expenses of $500.00, totaling $10,500.00 in full for services rendered in the filing of this claim.

4. Upon the payment of the award of $100,000.00 for past benefit/expenses, and $10,500.00 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 22nd day of February, 2018, in Tallahassee, Leon County, Florida.

S

W. DAVID WATKINS 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 22nd day of February, 2018.

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association Suite 1

2360 Christopher Place

Tallahassee, Florida 32308 (eServed)

Certified Mail No. 7016 0910 0001 7987 6770

Ronald S. Gilbert, Esquire

Colling Gilbert Wright & Carter, LLC Suite 830

801 North Orange Avenue Orlando, Florida 32801 (eServed)

Certified Mail No. 7016 0910 0001 7987 6787

Jason O. Brown, Esquire Cranshaw Brown

481 North U.S. Highway 1 Ormond Beach, Florida 32174 (eServed)

Certified Mail No. 7016 0910 0001 7987 6794

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

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

Certified Mail No. 7016 0910 0001 7987 6800

Justin Senior, Secretary Health Quality Assurance

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308 (eServed)

Certified Mail No. 7016 0910 0001 7987 6817

Linda Haddox, M.D.

Halifax Health Medical Center

303 North Clyde Morris Boulevard Daytona Beach, Florida 32114

Certified Mail No. 7016 0910 0001 7987 6824

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: 17-004239N

Orders for Case No: 17-004239N