STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JENNIFER ANN MUNGILLO, INDIVIDUALLY AND COLTON SUMMERLIN, INDIVIDUALLY, AND AS NATURAL PARENTS AND GUARDIANS OF KYLIE LEIGH SUMMERLIN, A MINOR AND KINLEY ANN SUMMERLIN, A MINOR,

Petitioners,

vs.

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent and

LEE MEMORIAL HEALTH SYSTEM AND RAVI CHOKSHI, M.D.; JOSEPH F. LANG; CHARLES BURLISON, M.D.; OB HOSPITALIST GROUP, LLC; MEDNAX, INC.; MEDNAX SERVICES, INC; PEDIATRIX MEDICAL GROUP, INC.; PEDIATRIX MEDICAL GROUP OF FLORIDA, INC.; JUDITH KRAMMER, M.D.; ET AL,

Intervenors.

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Case No. 20-1440N

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 (DOAH)

on March 17, 2021, for the entry of an order approving the resolution of a claim for compensation benefits filed in accordance with chapter 766, and

a resolution of the exclusive remedy otherwise available as outlined in chapter 766.

By the terms of their Stipulation and Joint Petition, Petitioners, Jennifer Ann Mungillo and Colton Summerlin, as parents and natural guardians of Kylie Leigh Summerlin (Kylie), a minor, and Respondent, the Florida Birth- Related Neurological Injury Compensation Association (NICA), have agreed that Jennifer Ann Mungillo and Colton Summerlin are the parents and legal guardians of Kylie; that Kylie was a twin gestation and born a live infant on or about September 18, 2017, at Lee Memorial Health System, a “hospital,” as defined by section 766.302(6), located in Fort Myers, Florida; and that

Kylie’s birth weight exceeded 2,000 grams. The parties have further agreed that Ravi Chokshi, M.D., and Charles K. Burlison, M.D., provided obstetrical services at Kylie’s delivery and were “participating physicians” in the Florida Birth-Related Neurological Injury Compensation Plan, as defined by

section 766.302(7). The parties have agreed that Kylie suffered a “birth- related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Kylie’s current medical condition. It is

ORDERED:

1. The Stipulation and Joint Petition filed on March 17, 2021, is hereby approved, and the parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Jennifer Ann Mungillo and Colton Summerlin, as the parents and legal guardians of Kylie, 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); and payments of future expenses, as incurred.

   
   

3. NICA shall reimburse Ryan Fogg, Esquire, an agreed upon attorney’s fee of fifteen thousand five hundred and five dollars ($15,505.00); and expenses of six thousand twenty-two dollars and ninety-five cents ($6,022.95); totaling twenty-one thousand five hundred twenty-seven dollars and ninety-five cents ($21,527.95), for services rendered in the filing the claim.

4. Upon the payment of the award of $100,000.00, past benefits/expenses, and attorney’s fees and expenses of $21,527.95, 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 26th day of March, 2021, in Tallahassee, Leon County, Florida.

S

TODD P. RESAVAGE

Administrative Law Judge 1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings this 26th day of March, 2021.

COPIES FURNISHED:

(via certified mail)

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

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

(Certified No. 7020 2450 0002 1970 5428)

Ryan A. Fogg, Esquire Halberg & Fogg, PLLC Barristers Building Suite 3-B

1615 Forum Place

West Palm Beach, Florida 33401 (Certified No. 7020 2450 0002 1970 5503)

Douglas B. Lumpkin, Esquire Wicker, Smith, O'Hara, McCoy and Ford, P.A.

Suite 910

1819 Main Street

Sarasota, Florida 34236-6000

(Certified No. 7020 2450 0002 1970 5510)

Elizabeth A. Myers, Esquire Smith Bigman Brock, P.A. 444 Seabreeze Boulevard

Daytona Beach, Florida 32118

(Certified No. 7020 2450 0002 1970 5527)

Ashley P. Withers, Esquire Wicher, Smith, Ohara, McCoy and Ford, P.A. Suite 10200

9128 Strada Place

Naples, Florida 34108-2683

(Certified No. 7020 2450 0002 1970 5534)

Simone Marstiller, Secretary Health Quality Assurance

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

Tallahassee, Florida 32308

(Certified No. 7020 2450 0002 1970 5442)

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

2360 Christopher Place

Tallahassee, Florida 32308

(Certified No. 7020 2450 0002 1970 5459)

Christina M. Benitez, Esquire Rissman, Barrett, Hurt, Donahue McLain & Mangan, P.A.

Suite 1100

1 North Dale Mabry Highway Tampa, Florida 33609

(Certified No. 7020 2450 0002 1970 5558)

Michael R. D'Lugo, Esquire Wicker, Smith, O'Hara, McCoy and Ford, P.A.

Post Office Box 2753 Orlando, Florida 32802

(Certified No. 7020 2450 0002 1970 5541)

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: 20-001440N

Orders for Case No: 20-001440N