STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LEANNE LEWIS and CODY YARBROUGH,

individually and as parents and next friends of BRADY YARBROUGH, a minor,

vs.

Petitioners,

Case No. 15-2044N

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent,

and

ORANGE PARK MEDICAL CENTER, INC., d/b/a ORANGE PARK MEDICAL CENTER,

Intervenor.

/

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 November 9, 2015, 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, Leanne Lewis and Cody Yarbrough, as parents and natural guardians of Brady Yarbrough, a minor, and Respondent, the Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Leanne Lewis and Cody Yarbrough are the parents and legal guardians of Brady Yarbrough (Brady), a minor; that Brady was born a live infant on or about May 21, 2014, at Orange Park Medical Center, a “hospital” as defined by section 766.302(6), located in Orange Park, Florida; and that Brady’s birth weight exceeded 2,500 grams. The Parties have further agreed that David Hyler, M.D., provided obstetrical services at Brady'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 Brady suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Brady's permanent and substantial mental and physical impairments.

It is ORDERED:

1. The Stipulation and Joint Petition filed on November 9, 2015, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

   
   

2. Petitioners, Leanne Lewis and Cody Yarbrough, as the parents and legal guardians of Brady Yarbrough, a minor, are awarded one hundred thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be paid as 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, attorney for Petitioners, an agreed-upon attorney’s fee of $10,000.00 and expenses of $1,020.14, totaling $11,020.14 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 $11,020.14 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 12th day of November, 2015, in Tallahassee, Leon County, Florida.

S

BARBARA J. STAROS

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 12th day of November, 2015.

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association

Stoudemire and Stone, P.A.

245 Riverside Avenue, Suite 400 Jacksonville, Florida 32202 (eServed)

(Certified Mail No. 7014 2120 0000 0359 2754)

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

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

(Certified Mail No. 7014 2120 0000 0359 2761)

Elizabeth Dudek, Secretary Health Quality Assurance

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

Tallahassee, Florida 32308 (eServed)

(Certified Mail No. 7014 2120 0000 0359 2778)

David F. Hyler, II, M.D. 1560 Kinglsey Avenue, Suite 4 Orange Park, Florida 32073

(Certified Mail No. 7014 2120 0000 0359 2785)

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: 15-002044N

Orders for Case No: 15-002044N