STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MAGDALANE ALTON and RAYMOND

ALTON, individually and as parents and next friends of KELLAN ALTON, a minor,

vs.

Petitioners,

Case No. 14-0133N

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 July 18, 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, Petitioners, Magdalane Alton and Raymond Alton, as parents and natural guardians of

Kellan Alton (Kellan), a minor, and Respondent, the Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Magdalane Alton and Raymond Alton are the parents and legal guardians of Kellan, a minor; that Kellan was born a live infant on April 25, 2012, at Shands Jacksonville Medical Center, a “hospital” as defined by section 766.302(6) located in Jacksonville, Florida; and that Kellan's birth weight was 4,420 grams. The Parties have further agreed

that Judy Bowers, M.D., provided obstetrical services at Kellan’s delivery and was a “participating physician” in the Florida

Birth-Related Neurological Injury Compensation Plan (Plan), as defined by section 766.302(7). The Parties have agreed that Kellan suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Kellan's permanent and substantial mental and physical impairments.

It is ORDERED:

1. The Stipulation and Joint Petition filed on July 18, 2014, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Magdalane Alton and Raymond Alton, as the parents and legal guardians of Kellan, 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; payment of benefits up to

   
   

   and including the effective date of the Joint Stipulation and Petition pursuant to section 766.31(1)(a), subject to the provisions of paragraph 19 of the Stipulation and Joint Petition; and payment of future expenses as incurred.

3. Respondent shall pay the McMillen Law Firm, A Professional Association, attorneys for Petitioners, $10,000.00 for attorney's fees and $333.79 for expenses, totaling $10,333.79 in full, for services rendered in the filing of Petitioners' claim.

4. Upon the payment of the award of $100,000.00, attorney's fees and other expenses totaling $10,333.79 incurred in connection with the filing of this claim, and past benefit/expenses, 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 July, 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 24th day of July, 2014.

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association

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 4301 4257)

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 4301 4264)

Cynthia Williams, CNM

University of Florida Department of OB/GYN Suite 201

4549 Emerson Street

Jacksonville, Florida 32207

(Certified Mail No. 7013 2630 0000 4300 4562)

Judy Louise Bowers, M.D. LRC Building 3rd Floor 653 – 1 West 8th Street

Jacksonville, Florida 32209

(Certified Mail No. 7013 2630 0000 4300 4579)

Shands Jacksonville Medical Center Attention: Risk Management

655 West 8th Street Jacksonville, Florida 32209

(Certified Mail No. 7013 2630 0000 4300 4586)

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: 14-000133N

Orders for Case No: 14-000133N