STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CANDICE MCGONIGLE, ON BEHALF OF AND AS PARENT AND NATURAL GUARDIAN OF BRAYDEN FREY, A MINOR,

vs.

Petitioner,

Case No. 20-1103N

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 Claims 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 (DOAH) on August 5, 2020, for the entry of an order approving the resolution of a claim for compensation of 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, Petitioner, Candice McGonigle, as parent and legal guardian of Brayden Frey (Brayden), a minor, and Respondent, the Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Candice McGonigle is the parent and legal guardian of Brayden, a minor; that Brayden was born a live infant on July 30, 2015, at UF Health Shands Hospital, a “hospital,” as defined in

section 766.302(6), located in Gainesville, Florida; and that Brayden’s birth weight exceeded 2,500 grams. The parties have further agreed that Jessica Greer, M.D., and Lisa Spiryda, M.D., rendered obstetrical services in the delivery of Brayden and, at all material times, were “participating physicians,” as defined by section 766.302(7). The parties have agreed that Brayden suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Brayden’s injury. It is

ORDERED that:

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

2. Petitioner, Candice McGonigle, as parent and legal guardian of Brayden, a minor, is awarded one hundred thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be paid as periodic payments to Petitioner; 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. Upon the payment of the award of $100,000.00, and past benefits/expenses, the claims of Petitioner shall be deemed fully satisfied and extinguished, except for Respondent’s continuing obligation under section 766.31(2) to pay future expenses, as incurred.

4. DOAH 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 13th day of August, 2020, 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 13th day of August, 2020.

COPIES FURNISHED:

(via certified mail)

Candice McGonigle 1959 Schultz Avenue

Tarpon Springs, Florida 34689 (Certified No. 7019 2280 0001 7689 4828)

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

2360 Christopher Place

Tallahassee, Florida 32308 (eServed)

(Certified No. 7019 2970 0000 6014 2437)

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

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

(Certified No. 7019 2970 0000 6014 2499)

Mary C. Mayhew, Secretary Health Quality Assurance

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

Tallahassee, Florida 32308 (eServed)

(Certified No. 7019 2970 0000 6014 2468)

Suman Ghosh, M.D. 1600 Archer Road

Gainesville, Florida 32610-0296

(Certified No. 7019 2280 0001 7689 4835)

Raymond Marquette, M.D. Suite 300

1800 Southeast 17th Street Ocala, Florida 34471

(Certified No. 7019 2280 0001 7689 4842)

Lisa Spiryda, M.D. 4851 Audubon Drive

Mobile, Alabama 36619

(Certified No. 7019 2280 0001 7689 4804)

Jessica Greer, M.D.

5380 Primrose Lake Circle Tampa Palms, Florida 33647

(Certified No. 7019 2280 0001 7689 4811)

UF Shands Hospital Attention: Risk Management 1515 Southwest Archer Road Gainesville, Florida 32608

(Certified No. 7019 2280 0001 7689 4859)

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: 20-001103N

Orders for Case No: 20-001103N