STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CYNTHIA RITTER and JOHN LEROY,

individually and as parents of CHLOE LEROY, deceased,

Petitioners,

vs.

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Case No. 19-2348N

Respondent,

and

ADVENTIST HEALTH SYSTEM/SUNBELT, INC., d/b/a FLORIDA HOSPITAL ALTAMONTE,

Intervenor.

/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on for consideration pursuant to sections 766.304 and 766.305, 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 (Division) 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, Cynthia Ritter and John LeRoy, as parents and guardians of Chloe LeRoy, a minor, and Respondent, the Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Cynthia Ritter and John LeRoy are the parents and legal guardians of Chloe LeRoy (Chloe), who is now deceased; that Chloe was born a live infant on or about July 9, 2018, at Intervenor Advent Health System/Sunbelt, Inc., d/b/a Florida Hospital Altamonte, a “hospital,” as defined by section 766.302(6), located in Seminole County, Florida; and that Chloe’s birth weight exceeded 2,500 grams. The parties have further agreed that Nateya

Carrington, M.D., provided obstetrical services at Chloe’s delivery and was a “participating physician” in the Florida Birth Related Neurological Injury Compensation Association Plan, as defined by section 766.302(7). The parties have agreed that Chloe suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause that led to Chloe’s death.

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, Cynthia Ritter and John LeRoy, as the parents and legal guardians of Chloe, 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.

   
   

3. Petitioners, Cynthia Ritter and John LeRoy, as the parents and legal guardians of Chloe, are awarded a death benefit in the amount of ten thousand dollars ($10,000.00), pursuant to section 766.31(1)(b)2., to be paid as a lump sum.

4. NICA will reimburse McMillen Law Firm, P.A., attorneys for Petitioners, an agreed-upon attorney’s fee of $10,000.00 and expenses of $3,676.98, totaling $13,676.98 in full, for services rendered in the filing of this claim.

5. Upon the payment of the award of $100,000.00 past benefit/expenses, $10,000.00 death benefit, and $13,676.98 for attorney’s fees and costs, the claims of Petitioners shall be deemed fully satisfied and extinguished.

6. The Division 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 30th day of July, 2019, in Tallahassee, Leon County, Florida.

S

ROBERT J. TELFER III

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 30th 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 No. 7014 2120 0003 1053 8285)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association Suite 1

2360 Christopher Place

Tallahassee, Florida 32308 (eServed)

(Certified No. 7014 2120 0003 1053 8292)

Travase L. Erickson, Esquire Saalfield Shad, P.A.

245 Riverside Avenue, Suite 400 Jacksonville, Florida 32202-4926 (eServed)

(Certified No. 7014 2120 0003 1053 8308)

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

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

(Certified No. 7014 2120 0003 1053 8315)

Mary C. Mayhew, Secretary

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

Tallahassee, Florida 32308

(Certified No. 7014 2120 0003 1053 8322)

AdventHealth Altamonte Springs Attention: Risk Management 601 East Altamonte Drive

Altamonte Springs, Florida 32701 (Certified No. 7014 2120 0003 1053 8339)

Nateya Carrington, M.D. Suite 1031

785 Primera Boulevard Lake Mary, Florida 32746

(Certified No. 7014 2120 0003 1053 8346)

Alyssa Belt, APRN

601 East Altamonte Drive Altamonte Springs, Florida 32701

(Certified No. 7014 2120 0003 1053 8353)

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: 19-002348N

Orders for Case No: 19-002348N