STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

HEATHER MCCLAIN and YVES-MARIE

NOEL, individually and as parents and next friends of ALEXANDRIA NOEL, a minor,

vs.

Petitioners,

Case No. 19-2177N

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent,

and

ORLANDO HEALTH, INC., d/b/a WINNIE PALMER HOSPITAL FOR WOMEN AND BABIES,

Intervenor.

/

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 19, 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, Heather McClain and Yves-Marie Noel, as parents and natural guardians of Alexandria Noel, a minor, and Respondent, the Florida Birth- Related Neurological Injury Compensation Association (NICA), have agreed that Heather McClain and Yves-Marie Noel are the parents and legal guardians of Alexandria Noel (Alexandria), a minor; that Alexandria was born a live infant on or about February 28, 2015, at Winnie Palmer Hospital for Women and Babies, a “hospital,” as defined by section 766.302(6), located in Orlando, Florida; and that Alexandria’s birth weight exceeded 2,500 grams. The parties have further agreed that April Merrit, M.D., provided obstetrical services at Alexandria’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 Alexandria suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Alexandria's current medical condition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on July 19, 2019, is hereby approved, and the parties are directed to comply with the provisions of the Stipulation and Joint Petition.

   
   

2. Petitioners, Heather McClain and Yves-Marie Noel, as the parents and legal guardians of Alexandria, 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, P.A., attorneys for Petitioners, an agreed-upon attorney’s fee of $10,000.00 and expenses of $23.95, totaling $10,023.95 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 $10,023.95 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 24th day of July, 2019, in Tallahassee, Leon County, Florida.

S

TODD P. RESAVAGE

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 24th day of July, 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. 7014 2120 0003 1053 8216)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

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

(Certified Mail No. 7014 2120 0003 1053 8247)

Mary C. Mayhew, Secretary

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

Tallahassee, Florida 32308 (eServed)

(Certified Mail No. 7014 2120 0003 1053 8254)

April Merritt, M.D. 1116 Lucerne Terrace

Orlando, Florida 32806

(Certified Mail No. 7014 2120 0003 1053 8261)

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: 19-002177N

Orders for Case No: 19-002177N