10-005369N Robin Grillakis And Michael Grillakis, Individually And As Parents And Next Friends Of Julian Grillakis, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, December 20, 2011.

Summary: Final Order approving the Association's acceptance of the claim for compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROBIN GRILLAKIS AND MICHAEL )

GRILLAKIS, individually and as )

parents and next friends of )

JULIAN GRILLAKIS, a minor , )

)

Petitioners , )

)

vs. ) Case No. 10 - 5369N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCI ATION , )

)

Respondent, )

)

and )

)

ORLANDO HEALTH, INC., BARBARA )

HANSON, CNM, AND MARDI J. )

BISHOP, M.D., )

)

Intervenor s . )

)

FINAL ORDER APPROVING STIP ULATION

FOR ENTRY OF AN AWAR D

This cause came on for consideration upon the Stipulation

and Joint Petition for Compensation of Claim Arising Out of

Florida Birth - Related Neurological Injury Pursuant to C hapter

766, Florida Statutes, filed December 13, 201 1.

By an agreed Order entered May 3, 2011, Respondent NICA's

proposal to accept the claim of Robin Grillakis and

Michael Grillakis individually and as parents and next friends

of Julian Grillakis, a minor, was approved, pursuant to section

766.305(7), Flor ida Statutes . The Order contained a p rovision

that its ruling would be included in the final order when

entered.

The Stipulation and Joint Petition filed December 13, 2011,

is fully executed by all parties and seeks a final order

approving the resolution of the formal claim for compensation

benefits heretofore filed.

By the terms of that certain stipulation filed December 13,

2011 , the parties have agreed that Robin Grillakis and

Michael Grillakis are the parents and legal guardians of

Julian Grillakis (J ulian), a minor; that Julian was born a live

infant on or about September 14, 2008, at South Seminole

Hospital, a fictitious entity owned by Orlando Health, Inc., a

hospital located in Longwood, Orange County, Florida, which is

the "hospital" as defined by s ection 766.302(6) ; and that

Julian's birth weight exceeded 2,500 grams. The parties have

further agreed that Certified Nurse Midwife Barbara Hanson ,

under the supervision of Mardi J. Bishop, M.D., delivered

obstetrical services at Julian's birth, and th at at all times

material hereto, Dr. Bishop w as a "participating physician" in

the Florida Birth - Related Neurological Injury Compensation Plan,

as defined by s ection 766.302(7). Finally, by their

stipulation, the parties have agreed that Julian suffered a

"birth - related neurological injury," as that term is defined by

s ection 766.302(2).

After due consideration of the interests of all parties,

and being otherwise fully advised in the premises , it is

ORDERED that:

1. The Stipulation and J oint P etition, f iled December 13,

20 11 , is hereby approved, a nd the parties are directed to comply

with the provisions thereof.

2. Petitioners, Robin Grillakis and Michael Grillakis, as

the parents and legal guardians of Julian Grillakis, a minor,

are awarded One hundr ed thousand dollars ($100,000.00), pursuant

to section 766.31(1)(b)1., to be paid forthwith by Respondent in

lump sum.

3. Respondent also shall forthwith pay to Allison

McMillen, Esquire, attorney for Petitioners, an agreed - upon

attorney's fee of Ten tho usand dollars ($10,000.00) and expenses

(costs) of Four hundred , eighty - eight dollars and twenty - six

cents ($488.26), totaling Ten thousand, four hundred eighty -

eight dollars and twenty - six cents ($10,488.26) for services to

date.

4. Upon payment of the a ward of One hundred thousand

dollars ($100,000.00), attorney's fees and other expenses , and

past benefits/ expenses, the claims of Petitioners ( C laimants)

shall be deemed fully satisfied and extinguished, except for the

issues reserved in paragraph 12 of th e parties' Stipulation and

Joint Petition (the single parent award as expressed in Sample s

v. NICA , (SC 10 - 1295)), including attorney's fees and costs the

Petitioners may be entitled to as a result thereof, and

Respondent's continuing obligation under s ect ion 766.31(2), to

pay future expenses as incurred.

5. With regard to any dispute regarding past

benefits/expenses, a hearing will be scheduled by a separate

notice of hearing to address those issues. As for the date of

hearing, the parties shall, within 45 days of the date of this

Order, advise the undersigned Administrative Law Judge, with

specificity, whether or not any past expenses remain in dispute,

and if they do remain in dispute, of several mutually - agreeable

dates for hearing on that dispute and of the time required for

such hearing.

6. With regard to the issues reserved in paragraph 12 of

the parties' Stipulation, the parties are affirmatively charged

with notifying the undersigned immediately of the disposition of

the Samples case and of whet her or not (and when) they will

require a hearing on the issues of paragraph 12 of their

Stipulation.

7. The Division of Administrative Hearings retains

jurisdiction over this matter to resolve any disputes, should

they arise, regarding the parties' co mpliance with the terms of

this Order.

DONE AND ORDERED this 20th day of December , 2011 , in

Tallahassee, Leon County, Florida.

S

ELLA JANE P. DAVIS

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 20th day of December , 2011 .

COPIES FURNISHED :

(Via certi fied mail)

Allison C. McMillen, Esquire

McMillen Law Firm

608 East Central Boulevard

Orlando, Florida 32801

(Certified Mail No. 7011 1570 0001 1540 5239)

Jennings L. Hurt, Esquire

Rissman, Barrett, Hurt, Donahue

and McLain, P.A.

201 East Pine Street, 15th Floor

Post Office Box 4940

Orlando, Florida 32802

(Certified Mail No. 7011 1570 0001 1540 5246)

Robert J. Grace, Jr., Esquire

Stiles, Taylor and Grace, P.A.

Post Office Box 460

Tampa, Florida 33601

(Certified Mail No. 7011 1570 0001 1540 5253)

Jo seph S. Justice, Esquire

Ringer, Henry, Buckley and Seacord, P.A.

Post Office Box 4922

Orlando, Florida 32802 - 4922

(Certified Mail No. 7011 1570 0001 1540 5260)

Thomas E. Dukes, III, Esquire

McEwan, Martinez & Dukes, P.A.

Post Office Box 753

Orlando, Flo rida 32802 - 0753

(Certified Mail No. 7011 1570 0001 1540 5277)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7011 157 0 0001 1540 5284)

Am ie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7011 1570 0001 1540 5291)

Elizabeth Dudek, Secretary

Health Quality Assura nce

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7011 1570 0001 1540 5 581 )

NOTICE OF RIGHT TO JUDICIAL REVIEW

Review of a final order of an administrative law judge shall be

by appe al 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 n otice of a dministrative

a ppeal with t he a gency c lerk 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).