STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SHELBY ARBER AND BRIAN ARBER, INDIVIDUALLY AND AS PARENTS AND NEXT FRIENDS OF LENA ARBER, A MINOR,

vs.

Petitioners,

Case No. 19-6159N

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 March 17, 2020, 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, Shelby Arber and Brian Arber, as parents and natural guardians of Lena Arber, a minor, and Respondent, the Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Shelby Arber and Brian Arber are the parents and legal guardians of Lena Arber (Lena), a minor; that Lena was born a live infant on or about December 26, 2018, at UF Health Shands

Hospital, a “hospital” as defined by section 766.302(6) located in Gainesville, Alachua County, Florida; and that Lena’s birth weight exceeded 2,500 grams.

The Parties have further agreed that Kathleen Green, M.D., provided

obstetrical services at Lena'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 Lena suffered a “birth- related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Lena's current medical condition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on March 17, 2020, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Shelby Arber and Brian Arber, as the parents and legal guardians of Lena Arber, 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 McMillen Law Firm, attorneys for Petitioners, an agreed-upon attorney’s fee of $12,500.00 and expenses of $16.95, totaling

   $12,516.95 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 $12,516.95 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 24th day of March, 2020, 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 24th day of March, 2020.

COPIES FURNISHED:

(via certified mail)

Allison C. McMillen, Esquire McMillen Law Firm, P.A. Suite 105

163 East Morse Boulevard Winter Park, Florida 32789 (eServed)

(Certified Mail No. 7019 1640 0000 2306 2708)

Kenney Shipley, Executive Director Florida Birth-Related Neurological Injury Compensation Association Suite 1

2360 Christopher Place

Tallahassee, Florida 32308 (eServed)

(Certified Mail No. 7019 1640 0000 2306 2715)

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

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

(Certified Mail No. 7019 1640 0000 2306 2722)

Mary C. Mayhew, Secretary Health Quality Assurance

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

Tallahassee, Florida 32308 (eServed)

(Certified Mail No. 7019 1640 0000 2306 2739)

Kathleen Green, M.D.

4312 Southwest 105th Drive Gainesville, Florida 32608

(Certified Mail No. 7019 1640 0000 2306 2746)

University of Florida Shands Hospital Attention: Risk Management

1600 Southwest Archer Road Gainesville, Florida 32608

(Certified Mail No. 7019 1640 0000 2306 2753)

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: 19-006159N

Orders for Case No: 19-006159N