15-001060N Jason Dinunno And Mindy Dinunno, On Behalf Of And As Parents And Natural Guardians Of Mckenzie Dinunno, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, October 1, 2015.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JASON DINUNNO AND MINDY DINUNNO,

on behalf of and as parents and

natural guardians of MCKENZIE

DINUNNO, a minor,

Petitioners,

vs. Case No. 15 - 1060N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIA TION,

Respondent,

and

JORGE LONDONO, M.D. ; TRACY

NIELSON, C.N.M. ; AND ORLANDO

HEALTH, INC., d/b/a WINNIE

PALMER HOSPITAL,

Intervenors.

_______________________________/

FINAL ORDER APPROVING STIPULATION FOR ENTRY O F 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 O ut of

Florida Birth - Related Neurological Injury Pursuant to Chapter

766, Florida Statutes (Stipulation and Joint Petition), filed

with the Division of Administrative Hearings on September 28,

2015, 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, Jason

Dinunno and Mindy Dinunno, as parents and natural guardians of

McKenzie Dinnuno, a minor, and Respon dent, the Florida Birth -

Related Neurological Injury Compensation Association (NICA), have

agreed that Jason Dinunno and Mindy Dinunno are the parents and

natural guardians of McKenzie Dinunno (McKenzie), a minor; that

McKenzie was born a live infant on or about August 6, 2012, at

Winnie Palmer Hospital, a ÐhospitalÑ as defined by section

766.302(6) located in Orlando, Florida; and that McKenzieÓs birth

weight exceeded 2,500 grams. The Parties have further agreed

that Jorge L. Londono, M.D., provided obstet rical services at

McKenzie's delivery and was a Ðparticipating physicianÑ in the

Florida Birth - Related Neurological Injury Compensation Plan, as

defined by section 766.302(7). The Parties have agreed that

McKenzie suffered a Ðbirth - related neurological in jury,Ñ as that

term is defined by section 766.302(2), which was the sole and

proximate cause of McKenzie's current medical condition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on September 28 ,

2015, is hereby approved, and the Parties are directed to comply

with the provisions of the Stipulation and Joint Petition.

2. Petitioner s , Jason Dinunno and Mindy Dinunno , as the

parent s and legal guardian s of McKenzie Dinunno , a minor, are

awarded one hundred thousand dollars ($100,000.00), pursua nt to

section 766.31(1)(b)1., to be paid as periodic payments to the

parent s ; payment of benefits up to and including the effective

date of the Joint Stipulation and Petition pursuant to section

766.31(1)(a), subject to the provisions of paragraph 19 of th e

Stipulation and Joint Petition; and payments of future expenses ,

as incurred.

3. NICA will reimburse Brian C. Lamb , Esquire, attorney for

Petitioner s , an agreed - upon attorneyÓs fee of $ 6,500.00 and

expenses of $ 1,058.26 , totaling $ 7, 55 8.26 in full for s ervices

rendered in the filing of this claim.

4. Upon the payment of the award of $100,000.00, past

benefit/expenses, and $ 7, 55 8.26 for attorneyÓs fees and costs, the

claims of Petitioner s shall be deemed fully satisfied and

extinguished, except for Respo ndent'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 PartiesÓ compliance with the terms of this

Order.

DONE AND ORDERED this 1st day of October , 2015 , in

Tallahassee, Leon County, Florida.

S

BARBARA J. STAROS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apa lachee 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 1st day of October , 2015 .

COPIES FURNISHED:

(via certified mail)

Brian C. Lamb, Esquire

Martinez Manglardi, P.A.

540 North Semoran Boulevard

Orlando, Florida 32807

(Certified Mail No. 7014 2120 0000 0356 8728)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christop her Place, Suite 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7014 2120 0000 0356 8735)

Henry W. Jewett, II, Esquire

Rissman, Barrett, Hurt,

Donahue and McLain, P.A.

201 East Pine Street, 15th Floor

Post Office Box 4940

Orlando, Florida 32801

(eServed)

(Certified Mail No. 7014 2120 0000 0356 8742)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7014 2120 0000 0356 8759)

Eliz abeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7014 2120 0000 0356 8766

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 filin g the original notice of administrative appeal

with the 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 appropr iate 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).