STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

YASMIN FULLER and ERIC FULLER,

individually and as parents and next friends of THOMAS FULLER, a minor,

vs.

Petitioners,

Case No. 19-0930N

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 July 26, 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, Petitioners, Yasmin Fuller and Eric Fuller, as parents and natural guardians of

Thomas Fuller, a minor, and Respondent, the Florida Birth- Related Neurological Injury Compensation Association (NICA), have agreed that Yasmin Fuller and Eric Fuller are the parents and legal guardians of Thomas Fuller (Thomas), a minor; that Thomas was born a live infant on or about April 26, 2017, at UF Health Shands Hospital, a “hospital” as defined by section 766.302(6) located in Gainesville, Florida; and that Thomas’s birth weight exceeded 2,500 grams. The Parties have further agreed that John D. Davis, M.D., provided obstetrical services at Thomas'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 Thomas suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Thomas's current medical condition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on July 26, 2019, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Yasmin Fuller and Eric Fuller, as the parents and legal guardians of Thomas Fuller, 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. NICA will reimburse McMillen Law Firm, A Professional Association, attorneys for Petitioners, an agreed-upon attorney’s fee of $10,000.00 and expenses of $15.00, totaling $10,015.00 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 $10,015.00 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 21st day of August, 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 21st day of August, 2019.

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association

Mary C. Mayhew, Secretary

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

Tallahassee, Florida 32308 (eServed)

(Certified Mail No. 7018 3090 0002 1880 7622)

John Davis, M.D.

Shands at the University of Florida 1600 Southwest Archer Road Gainesville, Florida 32608

(Certified Mail No. 7018 3090 0002 1880 7639)

University of Florida Shands Hospital Attention: Risk Management

1600 Southwest Archer Road Gainesville, Florida 32608

(Certified Mail No. 7018 3090 0002 1880 7646)

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: 19-000930N

Orders for Case No: 19-000930N