STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DAKOTA ANDERSON, on behalf of and as Parent and Natural Guardian of ABEL CLOUD, a minor, deceased,

vs.

Petitioner,

Case No. 19-3451N

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent.

/

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 7, 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, as parent and natural guardian of Abel Cloud, deceased, and Respondent,

the Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Dakota Anderson is the parent and legal guardian of Abel Cloud (Abel), deceased; that Abel was born a live infant on or about November 24, 2018, at Shands Lake Shore Regional Medical Center, a “hospital” as defined by section 766.302(6), located in Lake City, Florida; and that Abel’s birth weight exceeded 2,500 grams. The Parties have further agreed that Emad Atta, M.D., provided obstetrical services at Abel’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 Abel suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Abel’s injury and subsequent death.

It is ORDERED:

1. The Stipulation and Joint Petition filed on October 7, 2019, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioner, Dakota Anderson, as the parent and legal guardian of Abel Cloud, deceased, is awarded one hundred thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be paid as a lump sum; 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 20

   
   

   of the Stipulation and Joint Petition; and payment of the

   
   

   $10,000.00 death benefit pursuant to section 766.31(1)(b)1.

   
   

3. NICA will reimburse Grant Kuvin, Esquire, attorney for Petitioner, an agreed-upon attorney’s fee of $10,000.00 and expenses of $1,464.39, totaling $11,464.39 in full for services rendered in the filing of this claim.

4. Upon the payment of the award of $100,000.00, the death benefit of $10,000.00, past benefit/expenses, and $11,464.39 for attorney’s fees and costs, the claims of Petitioner shall be deemed fully satisfied and extinguished.

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 17th day of October, 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 17th day of October, 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 2412)

Grant A. Kuvin, Esquire Morgan & Morgan

Suite 1100

76 South Laura Street Jacksonville, Florida 32202 (eServed)

(Certified Mail No. 7012 1640 0000 7861 2429)

Richard E. Ramsey, Esquire Wicker, Smith, O'Hara,

McCoy and Ford, P.A. Suite 2700

50 North Laura Street Jacksonville, Florida 32202 (eServed)

(Certified Mail No. 7012 1640 0000 7861 2436)

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

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

(Certified Mail No. 7012 1640 0000 7861 2443)

Mary C. Mayhew, Secretary

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

Tallahassee, Florida 32308 (eServed)

(Certified Mail No. 7012 1640 0000 7861 2450)

Emad Ismael Atta, M.D. 4812 West Highway 90

Lake City, Florida 32055

(Certified Mail No. 7012 1640 0000 7861 2467)

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: 19-003451N

Orders for Case No: 19-003451N