15-002443N Crystal Moro And Anthony Moro, Iii, Individually And As Parents And Next Friends Of Anthony Moro, Iv, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, October 7, 2015.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CRYSTAL MORO and ANTHONY MORO,

III, individually and as parents

and next friends of ANTHONY

MORO, IV, a minor,

Petitioner s ,

vs. Case No. 15 - 2443N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATI ON,

Respondent,

and

HOLY CROSS HOSPITAL, INC., d/b/a

HOLY CROSS HOSPITAL, AND GHEA

ADEBOYEJO, M.D.,

Intervenors.

_______________________________/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause ca me 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 (Sti pulation and Joint Petition), filed

with the Division of Administrative Hearings on October 5, 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 resolu tion of the exclusive remedy otherwise

available as outlined in chapter 766.

By the terms of their stipulation, Petitioner s , Crystal Moro

and Anthony Moro, III, as parent s and natural guardian s of

Anthony Moro, IV, a minor, and Respondent, the Florida Birt h -

Related Neurological Injury Compensation Association (NICA), have

agreed that Crystal Moro and Anthony Moro, III, are the parent s

and legal guardian s of Anthony Moro, IV ( Anthony ), a minor; that

Anthony was born a live infant on or about May 5, 2013 , at Holy

Cross Hospital , Inc., d/b/a Holy Cross Hospital , a ÐhospitalÑ as

defined by section 766.302(6) located in Fort Lauderdale ,

Florida; and that Anthony Ós birth weight exceeded 2,500 grams.

The Parties have further agreed that Ghea Adeboyejo , M.D.,

provi ded obstetrical services at Anthony '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 Anthony suffered a

Ðbirth - related neurolo gical injury,Ñ as that term is defined by

section 766.302(2), which was the sole and proximate cause of

Anthony 's current medical condition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on October 5,

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

with the provisions of the Stipulation and Joint Petition.

2. Petitioner s , Crystal Moro and Anthony Moro, III, as the

parent s and legal guardian s of Anthony Moro, IV, a minor, is

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

section 766.31(1)(b)1., to be a paid as lump sum to the parent s ;

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. NICA will reimburse McMillen Law Firm , attorney s for

Petitioner s , an agreed - upon attorneyÓs fee of $ 10,000.00 and

expenses of $ 668.31 , totaling $ 10,668.31 in full for servic es

rendered in the filing of this claim.

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

benefit/expenses, and $ 10,668.31 for attorneyÓs fees and costs,

the claims of Petitioner s shall be deemed fully satisfied and

extinguished, except for Responden t'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 7th day of October , 2015 , in

Tallahassee, Leon County, Florida.

S

BARBARA J. STAROS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalac hee 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 7th day of October , 2015 .

COPIES FURNISHED:

(via certified mail)

Kenney Ship ley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7014 2120 0000 0356 8575)

Allison C. McMillen, Esquire

McMillen Law Firm , P.A.

608 East Central Boulevard

Orlando, Florida 32801

(eServed)

(Certified Mail No. 7014 2120 0000 0356 8582)

Thomas C. Heath, Esquire

Heath & Carcioppolo, Chartered

888 Southeast Third Avenue, Suite 202

Fort Lauderdale, Florida 33316

(eServed)

(Cert ified Mail No. 7014 2120 0000 0356 8599)

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 8605)

Elizabeth Dudek, Secreta ry

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7014 2120 0000 0356 8612)

NOTICE OF RIGHT TO JUDICIAL REVIEW

Review of a final order of an adminis trative 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 noti ce 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 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).