STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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 (the “Stipulation”), filed with the Division of Administrative Hearings on August 14, 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 the Stipulation, Petitioners, Jayme Lee O’Connell and Ian Nicholas Kleiner, on behalf of and as parents

and natural guardians of Ivy Lee Kleiner (“Ivy”), a minor, and Respondent, the Florida Birth-Related Neurological Injury Compensation Association (“NICA”), agree to the following:

Jayme Lee O’Connell and Ian Nicholas Kleiner are the parents and natural guardians of Ivy; Ivy was born a live infant on or about July 1, 2017, at St. Petersburg General Hospital, a “hospital” as defined by section 766.302(6) located in St. Petersburg, Florida; and Ivy’s birth weight exceeded 2,500 grams. The Parties further agree that Guillermo Calderon, M.D., provided obstetrical services at Ivy’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 also agree that Ivy suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Ivy’s current medical condition.

It is therefore, ORDERED that:

1. The Stipulation filed on August 14, 2019, is hereby APPROVED, and the Parties are directed to comply with the provisions of the Stipulation.

2. Petitioners, Jayme Lee O’Connell and Ian Nicholas Kleiner, as the parents and natural guardians of Ivy, 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 pursuant to section 766.31(1)(a), subject to the provisions of the Stipulation, paragraph 19; and payments of future expenses, as incurred.

3. Upon the payment of the award of $100,000.00, and past benefits/expenses, Petitioners’ claims shall be deemed fully satisfied and extinguished, except for NICA’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 29th day of August, 2019, in Tallahassee, Leon County, Florida.

S

J. BRUCE CULPEPPER 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 29th day of August, 2019.

COPIES FURNISHED:

(via certified mail)

Jayme Lee O’Connell Ian Nicholas Kleiner 7450 77th Avenue

Pinellas Park, Florida 33781

Mary C. Mayhew, Secretary Health Quality Assurance

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

Tallahassee, Florida 32308 (eServed)

Guillermo E. Calderon, M.D. 9677 Seminole Boulevard

Seminole, Florida 33772

(Certified No. 7018 3090 0002 1880 8117)

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: 18-006190N

Orders for Case No: 18-006190N