STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KIEARA JOHNSON AND JOSHUA MAIER,

as parents and natural guardians of KAYDEN MAIER, a minor child,

Petitioners,

vs.

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Case No. 19-2178N

Respondent,

and

GALENCARE, INC., d/b/a BRANDON REGIONAL HOSPITAL; AND JOSE E. LLINAS MESSEGUER, M.D.,

Intervenors.

/

FINAL ORDER

On November 14, 2019, Petitioners and Respondent filed a 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). The Florida Birth-Related Neurological Injury Compensation Association (NICA) represents that they have conferred with counsel for Intervenors and are authorized to represent that Intervenors’ signatures are not necessary.

Petitioners and Respondent seek the entry of an order approving the resolution of the claim for benefits filed in accordance with the provisions of chapter 766, Florida Statutes.

FINDINGS OF FACT

Based upon Petitioners and Respondent’s stipulation, the following facts are found:

1. Kieara Johnson and Joshua Maier (Petitioners) are the parents and legal guardians of Kayden Maier (Kayden), and are the “Claimants” as defined by section 766.302(3), Florida Statutes.

2. Kayden incurred a birth-related neurological injury as that term is defined in section 766.302(2), which was the sole and proximate cause of Kayden’s injury.

3. At birth, Kayden weighed 3,830 grams.

   
   

4. Jose Llinas Messeguer, M.D., and Richard Strathmann, M.D., rendered obstetrical services in the delivery of Kayden, and at all times material to these proceedings, were “participating physicians” as defined in section 766.302(7).

5. Brandon Regional Hospital is a hospital located in Brandon, Florida, and is the “hospital” as that term is defined in section 766.302(6), where Kayden was born.

6. Petitioners filed a petition pursuant to section 766.305, seeking compensation from NICA, and that Petition is incorporated by reference in its entirety, including any

   
   

   attachments. Any reference made within this document to NICA encompasses, where appropriate, the Florida Birth-Related Neurological Injury Compensation Plan (Plan).

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this proceeding pursuant to section 766.301.

8. Section 766.305(7) requires the presiding administrative law judge to approve the settlement of any claim where NICA determines that the injury is compensable.

CONCLUSION

Based upon the Findings of Fact and Conclusions of Law, it

is

ORDERED:

1. The Stipulation and Joint Petition filed November 14, 2019, is approved, and the parties are directed to comply with provisions of the Stipulation and Joint Petition.

2. Petitioners, Kieara Johnson and Joshua Maier, as the parents and legal guardians of Kayden Maier, are awarded one hundred thousand dollars ($100,000), to be paid to the parents as periodic payments, pursuant to section 766.31(1)(b), as well as payment of benefits as authorized pursuant to section 766.31(1)(a), subject to the provisions of paragraph 19 of the parties’ Stipulation and Joint Petition.

   
   

3. NICA will reimburse Scott Borders, Esquire, attorney for Petitioners, an agreed-upon attorney’s fee of Twelve Thousand Five Hundred Dollars ($12,500.00) and expenses of Six Thousand Five Hundred Sixty-Four Dollars and Thirty-Three Cents ($6,564.33), totaling Nineteen Thousand Sixty-Four Dollars and Thirty-Three Cents ($19,064.33) in full, for services rendered in this proceeding.

4. Upon the payment of the award of $100,000, and past benefits/expenses, and payment of the attorney’s fees awarded to Petitioners’ counsel, Petitioners’ claims shall be deemed fully satisfied and extinguished, except for Respondent’s continuing obligation under section 766.301(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 21st day of November, 2019, in Tallahassee, Leon County, Florida.

S

LISA SHEARER NELSON

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 21st day of November, 2019.

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. 7012 1640 0000 7861 1583)

Scott Borders, Esquire Morgan and Morgan, P.A. One Tampa Center

201 North Franklin Street, 7th Floor Tampa, Florida 33602

(eServed)

(Certified Mail No. 7012 1640 0000 7861 2504)

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 3090 0002 1880 7721)

Mary C. Mayhew, Secretary

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

Tallahassee, Florida 32308 (eServed)

(Certified Mail No. 7018 3090 0002 1880 7738)

Richard Strathmann, M.D. 775 First Avenue North Naples, Florida 34102

(Certified Mail No. 7018 3090 0002 1880 7745)

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: 19-002178N

Orders for Case No: 19-002178N