STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SUSAN NECKLES AND MICHAEL

SYRACUSE, individually and on behalf of SHELBY SAMANTHA NECKLES, a/k/a SHELBY SAMANTHA

SYRACUSE, deceased, Petitioners,

vs.

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent.

/

Case No. 14-1979N

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 June 26, 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, Susan Neckles and Michael Syracuse, as parents and natural

guardians of Shelby Samantha Neckles, deceased, and Respondent, the Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Susan Neckles and

Michael Syracuse are the parents and legal guardians of Shelby Samantha Neckles (Shelby), deceased; that Shelby was born a live infant on or about June 28, 2012, at Memorial Hospital West, a “hospital” as defined by section 766.302(6) located in Pembroke Pines, Florida; and that Shelby’s birth weight exceeded 2,500 grams. The Parties have further agreed that Carmen Selman, M.D., provided obstetrical services at Shelby’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 Shelby suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of her injury and subsequent death.

It is ORDERED:

1. The Stipulation and Joint Petition filed on June 26, 2014, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Susan Neckles and Michael Syracuse, as the parents and legal guardians of Shelby Samantha Neckles, deceased, 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 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 David Levine, Esquire, attorney for Petitioners, an agreed upon attorney’s fee of $10,000.00 and expenses of $1,498.03, totaling $11,498.03 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 $11,498.03 for attorney’s fees and costs, the claims of Petitioners 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 27th day of June, 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 27th day of June, 2014.

COPIES FURNISHED:

(via certified mail)

David A. Levine, Esquire Klauber and Shields, P.A. Suite 410

8751 West Broward Boulevard Plantation, Florida 33324

(Certified Mail No. 7014 0150 0002 0389 7755)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association 2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

Elizabeth Dudek, Secretary Health Quality Assurance

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

Tallahassee, Florida 32308

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: 14-001979N

Orders for Case No: 14-001979N