STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

HEATHER LYNN JOHNSON and HECTOR

GARCES, individually and as parents of HALEIGH JENAY GARCES, deceased,

vs.

Petitioners,

Case No. 13-3271N

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 Petitioners’ and Respondent’s 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 February 13, 2014, 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, the parties have agreed that Heather Lynn Johnson and Hector Garces are the parents of Haleigh Jenay Garces (Haleigh), deceased; that Haleigh was born a live infant on or about July 31, 2012, at Highlands Regional Medical Center in Sebring, Florida, a “hospital” as defined by section 766.302(6); and that Haleigh’s birth weight exceeded 2,500 grams. The parties have further agreed that

Dipakkumar Upadhyaya, M.D., rendered obstetrical services at Haleigh’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 Haleigh suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2) and that she died on August 3, 2012.

After due consideration of the interests of the parties, and being otherwise fully advised in the premises, it is

ORDERED:

1. The Stipulation and Joint Petition filed on February 13, 2014, is hereby approved, and the parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Heather Lynn Johnson and Hector Garces, as the parents of Haleigh Jenay Garces, deceased, are awarded one hundred thousand dollars ($100,000), pursuant to section 766.31(1)(b)1., to be paid as a lump sum.

   
   

3. NICA shall pay Petitioners a $10,000 death benefit as authorized by section 766.31(1)(b)2.

4. NICA shall pay for past expenses as provided by 766.31(1)(a) subject to the provisions of paragraph 20 of the Stipulation and Joint Petition.

5. NICA will reimburse Ronald S. Gilbert, Esquire, attorney for Petitioners, $7,500 for attorney’s fees and expenses of $500, totaling $8,000 in full for services rendered in the filing of Petitioners’ claim.

6. Upon payment of the award of $100,000, the death benefit of $10,000, past expenses, and $8,000 for attorney’s fees and costs, the claims of Petitioners shall be deemed fully satisfied and extinguished.

7. 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 18th day of February, 2014, in Tallahassee, Leon County, Florida.

S

SUSAN BELYEU KIRKLAND

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 18th day of February, 2014.

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association 2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7013 2630 0000 4176 5632)

Ronald S. Gilbert, Esquire

Colling, Gilbert, Wright and Carter, LLC Suite 830

801 North Orange Avenue Orlando, Florida 32801

(Certified Mail No. 7013 2630 0000 4176 5649)

Tana D. Storey, Esquire Brewton Plante, P.A. Suite 250

225 South Adams Street Tallahassee, Florida 32301

(Certified Mail No. 7013 2630 0000 4176 5656)

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

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

(Certified Mail No. 7013 2630 0000 4176 5663)

Elizabeth Dudek, Secretary Health Quality Assurance

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7013 2630 0000 4176 5670)

Dipakkumar Upadhyaya, M.D. Suite A1

6801 US Highway 27 North

Sebring, Florida 33870

(Certified Mail No. 7013 2630 0000 4176 5687)

Highlands Regional Medical Center Attention: Risk Management

3600 South Highlands Avenue Sebring, Florida 33870

(Certified Mail No. 7013 2630 0000 4176 5694)

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: 13-003271N

Orders for Case No: 13-003271N