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KASSADY O?CONNOR, INDIVIDUALLY AND AS PARENT AND NEXT FRIEND OF OLIVIA O?CONNOR, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 18-003018N (2018)

Court: Division of Administrative Hearings, Florida Number: 18-003018N Visitors: 15
Petitioner: KASSADY O?CONNOR, INDIVIDUALLY AND AS PARENT AND NEXT FRIEND OF OLIVIA O?CONNOR, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: W. DAVID WATKINS
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Palm Coast, Florida
Filed: Jun. 11, 2018
Status: Closed
DOAH Final Order on Wednesday, May 15, 2019.

Latest Update: May 22, 2019
Summary: 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 April 15, 2019, for the entry of an order approving the resolution of a claim for compensation benefits filed in accordance with theFinal Order app
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STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


KASSADY O’CONNOR, individually and as parent and next friend of OLIVIA O’CONNOR, a minor,


Petitioner,


vs.


FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Case No. 18-3018N


Respondent,


and


MEETESH DESAI, M.D.; VOLUSIA OB/GYN, P.A.; AND MEMORIAL HEALTH SYSTEMS, INC., d/b/a FLORIDA HOSPITAL MEMORIAL MEDICAL CENTER,


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 April 15, 2019, 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, Petitioner, Kassady O’Conner, as parent and natural guardian of Olivia O’Conner (Olivia), a minor, and Respondent, Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Kassady O’Conner is the parent and natural guardian of Olivia; that Olivia was born a live infant on or about February 19, 2016, at Memorial Health Systems, Inc., d/b/a Florida Hospital Memorial Medical Center, a “hospital” as defined by section 766.302(6) located in Daytona Beach, Florida; and that Olivia’s birth weight exceeded 2,500 grams. The Parties have further agreed that Meetesh Desai, M.D., provided obstetrical services at Olivia'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 Olivia suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Olivia's current medical condition.

It is ORDERED:


  1. The Stipulation and Joint Petition filed on April 15, 2019, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.


  2. Petitioner, Kassady O’Conner, as the parent and natural guardian of Olivia O’Conner, a minor, is awarded one hundred thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be paid as a lump sum to Kassady O’Conner; 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 McMillen Law Firm, A Professional Association, attorneys for Petitioner, an agreed-upon attorney’s fee of $10,000.00 and expenses of $1,895.33 (one thousand eight hundred ninety-five dollars and thirty-three cents), totaling

    $11,895.33 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 $11,895.33 for attorney’s fees and costs, the claims of Petitioner 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 15th day of May, 2019, 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 15th day of May, 2019.


COPIES FURNISHED:

(via certified mail)


Allison C. McMillen, Esquire McMillen Law Firm, P.A.

608 East Central Boulevard Orlando, Florida 32801 (eServed)

(Certified Mail No. 7018 0040 0000 9774 0724)


Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association Suite 1

2360 Christopher Place

Tallahassee, Florida 32308 (eServed)

(Certified Mail No. 7018 0040 0000 9774 0731)


Larry D. Hall, Esquire

Adams Hall Scieffelin & Smith, P.A. Post Office Box 1090

Winter Park, Florida 32790 (eServed)

(Certified Mail No. 7018 0040 0000 9774 0748)


Craig S. Foels, Esquire Estes, Ingram, Foels & Gibbs Suite 300

37 North Orange Avenue Orlando, Florida 32801 (eServed)

(Certified Mail No. 7018 0040 0000 9774 0755)


Amie Rice, Investigation Manager Consumer Services Unit Department of Health

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

(Certified Mail No. 7018 0040 0000 9774 0762)


Mary C. Mayhew, Secretary

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

Tallahassee, Florida 32308 (eServed)

(Certified Mail No. 7018 0040 0000 9774 0779)


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: 18-003018N
Issue Date Proceedings
May 22, 2019 Certified Return Receipt received this date from the U.S. Postal Service.
May 20, 2019 Undeliverable envelope returned from the Post Office.
May 20, 2019 Certified Return Receipt received this date from the U.S. Postal Service.
May 15, 2019 Certified Mail Receipts stamped this date by the U.S. Postal Service.
May 15, 2019 Final Order Approving Stipulation for Entry of Award. CASE CLOSED.
Apr. 15, 2019 Notice of Filing (Stipulation and Joint Petition) filed.
Mar. 28, 2019 Intervenor, Memorial Health Systems, Inc., d/b/a Florida Hospital Memorial Medical Center's Certificate of Non-objection filed.
Mar. 28, 2019 Notice of Non-objection filed.
Mar. 12, 2019 Status Report filed.
Mar. 12, 2019 Order Requiring Response to Petition.
Sep. 18, 2018 Motion for Entry of Protective Order regarding Confidential Documents Related to Petitioner's Medical Records (motion to determine confidentiality of document) filed.
Sep. 18, 2018 Petitioner's Medical Records (response to Petition for Benefits, not available for viewing) filed. 
 Confidential document; not available for viewing.
Aug. 30, 2018 Order Granting Extension of Time.
Aug. 29, 2018 Motion for Extension of Time in which to Respond to Petition filed.
Aug. 06, 2018 Order Granting Extension of Time.
Jul. 31, 2018 Motion for Extension of Time in which to Respond to Petition filed.
Jul. 26, 2018 Order Granting Motion to Intervene.
Jul. 26, 2018 Order Granting Motion to Intervene.
Jul. 18, 2018 Petition for Leave to Intervene filed.
Jul. 18, 2018 Notice of Appearance (Craig Foels) filed.
Jul. 18, 2018 Petition for Leave to Intervene filed.
Jul. 18, 2018 Notice of Appearance (Larry Hall) filed.
Jul. 11, 2018 Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed.
Jul. 10, 2018 Certified Return Receipt received this date from the U.S. Postal Service.
Jul. 09, 2018 Certified Return Receipt received this date from the U.S. Postal Service.
Jun. 21, 2018 Certified Return Receipt received this date from the U.S. Postal Service.
Jun. 15, 2018 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Jun. 15, 2018 Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
Jun. 15, 2018 Initial Order.
Jun. 11, 2018 Letter to Claudia Llado from Allison McMillen enclosing NICA filing fee ($15.00: Check No. 7318) filed (not available for viewing).
Jun. 08, 2018 Petition for Determination of NICA Compensability filed.

Orders for Case No: 18-003018N
Issue Date Document Summary
May 15, 2019 DOAH Final Order Final Order approving Stipulation for NICA compensation.
Source:  Florida - Division of Administrative Hearings

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