STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHRISTINE E. AND COREY M. SMITH,

on behalf of and as parents and natural guardians of CHEYENNE L. SMITH, a minor,

vs.

Petitioners,

Case No. 17-2999N

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 September 1, 2017, 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, Christine E. and Corey M. Smith, as parents and natural guardians of Cheyenne Smith, a minor, and Respondent, the Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Christine E. and Corey M.

Smith are the parents and legal guardians of Cheyenne Smith (Cheyenne), a minor; that Cheyenne was born a live infant on or about April 15, 2017, at Tallahassee Memorial Hospital, a “hospital” as defined by section 766.302(6) located in Tallahassee, Florida; and that Cheyenne’s birth weight exceeded 2,500 grams. The Parties have further agreed that

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

It is ORDERED:

1. The Stipulation and Joint Petition filed on September 1, 2017, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Christine E. and Corey M. Smith, as the parents and legal guardians of Cheyenne, 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. Upon the payment of the award of $100,000.00, 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.

4. 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 7th day of August, 2017, 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

COPIES FURNISHED:

(via certified mail)

Filed with the Clerk of the Division of Administrative Hearings this 7th day of August, 2017.

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association

Justin Senior, Secretary Health Quality Assurance

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

Tallahassee, Florida 32308 (eServed)

(Certified Mail No. 7016 2710 0000 4543 0774)

Tallahassee Memorial Hospital Attention: Risk Management 1300 Miccosukee Road

Tallahassee, Florida 32308

(Certified Mail No. 7016 2710 0000 4543 0781)

Dorothy White, M.D. Suite 4200

1405 Centerville Road

Tallahassee, Florida 32308

(Certified Mail No. 7016 2710 0000 4543 0798)

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: 17-002999N

Orders for Case No: 17-002999N