STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KASSADY O’CONNOR, individually and as parent and next friend of OLIVIA O’CONNOR, a minor,

Petitioner,

vs.

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Case No. 18-3018N

Respondent,

and

MEETESH DESAI, M.D.; VOLUSIA OB/GYN, P.A.; AND MEMORIAL HEALTH SYSTEMS, INC., d/b/a FLORIDA HOSPITAL MEMORIAL MEDICAL CENTER,

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 April 15, 2019, 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, Petitioner, Kassady O’Conner, as parent and natural guardian of Olivia O’Conner (Olivia), a minor, and Respondent, Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Kassady O’Conner is the parent and natural guardian of Olivia; that Olivia was born a live infant on or about February 19, 2016, at Memorial Health Systems, Inc., d/b/a Florida Hospital Memorial Medical Center, a “hospital” as defined by section 766.302(6) located in Daytona Beach, Florida; and that Olivia’s birth weight exceeded 2,500 grams. The Parties have further agreed that Meetesh Desai, M.D., provided obstetrical services at Olivia'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 Olivia suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Olivia's current medical condition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on April 15, 2019, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

   
   

2. Petitioner, Kassady O’Conner, as the parent and natural guardian of Olivia O’Conner, a minor, is awarded one hundred thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be paid as a lump sum to Kassady O’Conner; 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, A Professional Association, attorneys for Petitioner, an agreed-upon attorney’s fee of $10,000.00 and expenses of $1,895.33 (one thousand eight hundred ninety-five dollars and thirty-three cents), totaling

   $11,895.33 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 $11,895.33 for attorney’s fees and costs, the claims of Petitioner 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 15th day of May, 2019, 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 15th day of May, 2019.

COPIES FURNISHED:

(via certified mail)

Allison C. McMillen, Esquire McMillen Law Firm, P.A.

608 East Central Boulevard Orlando, Florida 32801 (eServed)

(Certified Mail No. 7018 0040 0000 9774 0724)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association Suite 1

2360 Christopher Place

Tallahassee, Florida 32308 (eServed)

(Certified Mail No. 7018 0040 0000 9774 0731)

Larry D. Hall, Esquire

Adams Hall Scieffelin & Smith, P.A. Post Office Box 1090

Winter Park, Florida 32790 (eServed)

(Certified Mail No. 7018 0040 0000 9774 0748)

Craig S. Foels, Esquire Estes, Ingram, Foels & Gibbs Suite 300

37 North Orange Avenue Orlando, Florida 32801 (eServed)

(Certified Mail No. 7018 0040 0000 9774 0755)

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

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

(Certified Mail No. 7018 0040 0000 9774 0762)

Mary C. Mayhew, Secretary

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

Tallahassee, Florida 32308 (eServed)

(Certified Mail No. 7018 0040 0000 9774 0779)

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: 18-003018N

Orders for Case No: 18-003018N