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CAROLINE STRICKLAND MOORE AND JONATHAN TAYLOR MOORE, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF ANNE KATHERINE MOORE, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 17-003485N (2017)

Court: Division of Administrative Hearings, Florida Number: 17-003485N Visitors: 27
Petitioner: CAROLINE STRICKLAND MOORE AND JONATHAN TAYLOR MOORE, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF ANNE KATHERINE MOORE, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: W. DAVID WATKINS
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Tallahassee, Florida
Filed: Jun. 05, 2017
Status: Closed
DOAH Final Order on Tuesday, November 28, 2017.

Latest Update: Dec. 07, 2017
Summary: 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 onFinal Order approving the Association's acceptance of the claim for compensation.
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STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


CAROLINE STRICKLAND MOORE AND JONATHAN TAYLOR MOORE, on behalf

of and as parents and natural guardians of ANNE KATHERINE MOORE, a minor,



vs.

Petitioners,


Case No. 17-3485N


FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,


Respondent,


and


ALEXANDER FRANZ, M.D., AND NORTH FLORIDA WOMEN'S CARE,


Intervenors.

/


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

October 11, 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, Caroline Strickland Moore and Jonathan Taylor Moore, as parents and natural guardians of Anne Katherine Moore, a minor, and Respondent, Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Caroline Strickland Moore and Jonathan Taylor Moore are the parents and legal guardians of Anne Katherine Moore (Anne), a minor; that Anne was born a live infant on or about September 3, 2015, at Tallahassee Memorial Hospital, a “hospital” as defined by section 766.302(6) located in Tallahassee, Florida; and that Anne’s birth weight exceeded 2,500 grams. The Parties have further agreed that Alexander Franz, M.D., provided obstetrical services at Anne'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 Anne suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Anne's current medical condition.


It is ORDERED:


  1. The Stipulation and Joint Petition filed on October 11, 2017, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

  2. Petitioners, Caroline Strickland Moore and Jonathan Taylor Moore, as the parents and legal guardians of Anne Katherine Moore, 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 payment of benefits up to and including the effective date of the Stipulation and Joint Petition, 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 28th day of November, 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


Filed with the Clerk of the Division of Administrative Hearings this 28th day of November, 2017.


COPIES FURNISHED:

(via certified mail)


Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association

Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)


(Certified Mail No. 7015 0640 0003

7652

9962)

Caroline Strickland Moore Jonathan Taylor Moore 6713 Hill Gail Trail

Tallahassee, Florida 32309

(Certified Mail No. 7015 0640 0003


7652


9979)

Craig A. Dennis, Esquire

Dennis, Jackson, Martin & Fontela, Suite 200

1591 Summit Lake Drive Tallahassee, Florida 32317 (eServed)

(Certified Mail No. 7015 0640 0003


P.A.


7652


9986)



Amie Rice, Investigation Manager Consumer Services Unit

Department of Health


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

(Certified Mail No. 7015 0640 0003 7652


9993)

Justin Senior, Secretary Health Quality Assurance

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

Tallahassee, Florida 32308 (eServed)

(Certified Mail No. 7015 0640 0003 7653


0005)

Tallahassee Memorial Hospital Attention: Risk Management 1300 Miccosukee Road

Tallahassee, Florida 32308

(Certified Mail No. 7015 0640 0003 7653


0012)


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: 17-003485N
Issue Date Proceedings
Dec. 07, 2017 Certified Return Receipt received this date from the U.S. Postal Service.
Dec. 06, 2017 Certified Return Receipt received this date from the U.S. Postal Service.
Dec. 05, 2017 Certified Return Receipt received this date from the U.S. Postal Service.
Dec. 04, 2017 Certified Return Receipt received this date from the U.S. Postal Service.
Dec. 04, 2017 Certified Return Receipt received this date from the U.S. Postal Service.
Nov. 28, 2017 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Nov. 28, 2017 Final Order Approving Stipulation for Entry of Award. CASE CLOSED.
Nov. 20, 2017 Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
Oct. 11, 2017 Notice of Filing (Stipulation and Joint Petition for Compensation of Claim arising out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes) filed.
Sep. 13, 2017 Motion for Entry of Protective Order Regarding Confidential Documens Related to Petitioner's Medical Records filed.
Sep. 13, 2017 Letter to C. Moore from K. Shipley Regarding Compensability filed (medical information, not available for viewing). 
 Confidential document; not available for viewing.
Sep. 06, 2017 Motion for Extension of Time in which to Respond to Petition filed.
Aug. 08, 2017 Order Granting Extension of Time.
Aug. 04, 2017 Motion for Extension of Time in which to Respond to Petition filed.
Jul. 25, 2017 Order Accepting Qualified Representative.
Jul. 14, 2017 Motion to Act as a Qualified Representative before the Division of Administrative Hearings filed.
Jun. 30, 2017 Certified Return Receipt received this date from the U.S. Postal Service.
Jun. 27, 2017 Order Granting Motion to Intervene.
Jun. 27, 2017 Certified Return Receipt received this date from the U.S. Postal Service.
Jun. 26, 2017 Petition for Leave to Intervene of Alexander Franz, M.D. and North Florida Women's Care filed.
Jun. 20, 2017 Certified Return Receipt received this date from the U.S. Postal Service.
Jun. 16, 2017 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Jun. 16, 2017 Initial Order.
Jun. 16, 2017 Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
Jun. 05, 2017 NICA filing fee $15.00: Check No. 2013 filed (not available for viewing).
Jun. 05, 2017 Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.

Orders for Case No: 17-003485N
Issue Date Document Summary
Nov. 28, 2017 DOAH Final Order Final Order approving the Association's acceptance of the claim for compensation.
Source:  Florida - Division of Administrative Hearings

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