STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FINAL ORDER

On December 23, 2020, Petitioners Kassie Spivey and Frank Brantley, Individually and as Natural Parents of Faron Brantley (“Faron”), a Minor (“Petitioners”), and Respondent Florida Birth-Related Neurological Injury Compensation Association (“NICA”), filed a 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”). The Parties seek an order approving the resolution of the claim for benefits, consistent with the provisions of chapter 766, Florida Statutes.1

FINDINGS OF FACT

Based upon the Stipulation and Joint Petition, the undersigned makes the following Findings of Fact:

1. Petitioners are the parents and legal guardians of Faron and are the

   “claimants,” as defined in section 766.302(3), Florida Statutes.

   
   

   
   

   1 All references to the Florida Statutes are to the 2017 version, none of which have materially changed since 2017.

2. Faron suffered a “birth-related neurological injury” (“Injury”), as defined in section 766.302(2), on or about November 17, 2017. The Injury solely and proximately caused Faron’s current medical condition.

3. At birth, Faron weighed 3,520 grams.2

4. Sherrie-Lee T. Brown, M.D., Vartika Bhardwaj, M.D., and Jessica Monique Covington, M.D., rendered obstetrical services in the delivery of Faron and, at all material times, were “participating physicians,” as defined in section 766.302(7).

5. U.F. Health Jacksonville, located in Jacksonville, Florida, is the

   “hospital,” as defined in section 766.302(6), where Faron was born.

6. On December 13, 2019, Petitioners filed a Petition seeking compensation from NICA, pursuant to section 766.305, Florida Statutes. The Petition is incorporated herein by reference in its entirety, including all attachments. Any reference to NICA made within that document encompasses, where appropriate, the Florida Birth-Related Neurological Injury Compensation Plan (“Plan”).

   
   

   CONCLUSIONS OF LAW

7. The Division of Administrative Hearings (“DOAH”) has jurisdiction over the parties and exclusive jurisdiction over the subject matter of these proceedings pursuant to section 766.304, Florida Statutes.

8. Pursuant to section 766.305, the presiding administrative law judge may approve the settlement of any claim where NICA determines that the injury is compensable. This is such a case.

CONCLUSION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby

2 Although the parties stipulated that Faron’s birth weight was 3,515.34 grams, the reports

of both of NICA’s medical experts noted that Faron weighed 3,520 grams at birth.

ORDERED:

1. The Stipulation and Joint Petition, filed on December 23, 2020, is approved and the parties are directed to comply with the provisions thereof.

2. Petitioners are awarded One Hundred Thousand Dollars ($100,000.00), to be paid in a lump sum payment, pursuant to section 766.31(1)(b), Florida Statutes. Petitioners are also awarded payment of benefits as authorized in section 766.31(1)(a), subject to the provisions of paragraph 19 of the Stipulation and Joint Petition.

3. NICA will reimburse Ronald S. Gilbert, Esquire, counsel for Petitioners, an agreed-upon attorney’s fee of Twelve Thousand Five Hundred Dollars ($12,500.00) and expenses of Five Hundred Dollars ($500.00), totaling Thirteen Thousand Dollars ($13,000.00) in full, for services rendered in the filing of this claim.

4. Upon the payment of the award of $100,000.00, past benefits/expenses, and the total attorney’s fees and expenses awarded to Petitioners’ counsel, Petitioners’ claims alleged in their Petition shall be deemed fully satisfied and extinguished, except for NICA’s continuing obligation to pay future expenses as incurred, as required by section 766.31(2).

5. DOAH retains jurisdiction over this matter to resolve any disputes, should they arise, regarding the compliance with the terms of this Order.

DONE AND ORDERED this 5th day of January, 2021, in Tallahassee, Leon County, Florida.

S

ANDREW D. MANKO

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 5th day of January, 2021.

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director Florida Birth-Related Neurological Injury Compensation Association 2360 Christopher Place, Suite 1

Tallahassee, Florida 32308 (eServed)

(Certified No. 7020 1290 0001 6309 9676)

Ronald S. Gilbert, Esquire

Colling Gilbert Wright & Carter, LLC 801 North Orange Avenue, Suite 830

Orlando, Florida 32801 (eServed)

(Certified No. 7020 1290 0001 6309 9683)

M. Mark Bajalia, Esquire Bajalia Law

11512 Lake Mead Avenue, Suite 301

Jacksonville, Florida 32256 (eServed)

(Certified No. 7020 1290 0001 6309 9652)

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

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

(Certified No. 7020 1290 0001 6309 9690)

Shevaun L. Harris, Acting Secretary Health Quality Assurance

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

Tallahassee, Florida 32308

(Certified No. 7020 1290 0001 6309 9744)

Jessica Monique Covington, M.D. Apartment 3207

1141 Kendall Town Boulevard Jacksonville, Florida 32225

(Certified No. 7020 1290 0001 6309 9706)

Sherrie-Lee T. Brown, M.D.

UF Health Women’s Specialists-N 15255 Max Leggett Parkway, Suite 4400

Jacksonville, Florida 32218

(Certified No. 7020 1290 0001 6309 9713)

UF Health Jacksonville Attention: Risk Management 655 8th Street West Jacksonville, Florida 32209

(Certified No. 7020 1290 0001 6309 9720)

Vartika Bhardwaj, M.D. UF Health Jacksonville 655 West 8th Street

Jacksonville, Florida 32209

(Certified No. 7020 1290 0001 6309 9737)

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: 19-006621N

Orders for Case No: 19-006621N