16-007614N Ruth Joseph And Jean-Reneau Jacques, Individually And As Parents Of Reginald Jacques, Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 1, 2021.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RUTH JOSEPH and JEAN - RENEAU

JACQUES, individually and as

parents of REGINALD JACQUES,

deceased,

Petitioners,

vs. Case No. 16 - 7614N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respo ndent,

and

RICARDO J. LOPEZ, M.D. ; AND

ORLANDO HEALTH, INC., d/b/a

WINNIE PALMER HOSPITAL,

Intervenors.

_______________________________/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on for consi deration 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 a nd Joint Petition),

filed with the Division of Administrative Hearings on March 13,

2017 , 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, Ruth Joseph

and Jean - Reneau Jacques, as parents and natural guardians of

Reginald Jacques , deceased, and Respondent, the Florida Birth -

Related Neurological Injury Compensation Association (NICA) , have

agreed that Ruth Joseph and Jean - Reneau Jacques are the parents

and legal guardians of Reginald Jacques ( Reginald ), deceased;

that Reginald was born a live infant on or about June 15, 2016 ,

at Winn ie Palmer Hospital , a ÐhospitalÑ as defined by section

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

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

that Ricardo Lopez , M.D., provided obstetrical services at

Reginald Ós del ivery 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

Reginald suffered a Ðbirth - related neurological injury,Ñ as that

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

proximate cause of h is injury and subsequent death.

It is ORDERED:

1. The Stipulation and Joint Petition filed on March 13,

2017 , is hereby approved, and the Parties are directed to comply

with the provisions o f the Stipulation and Joint Petition.

2. Petitioners, Ruth Joseph and Jean - Reneau Jacques , as the

parents and legal guardians of Reginald Jacques , deceased, are

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

section 766.31(1)(b)1 . , to be paid as a lump sum; 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 payment of the $10,0 00.00 death benefit pursuant to

section 766.31(1)(b)1.

3. NICA will reimburse McMillen Law Firm, A Professional

Association, attorneys for Petitioners, an agreed - upon attorneyÓs

fee of $ 10,000.00 and expenses of $ 60.60 , totaling $ 10,060.60 in

full for ser vices rendered in the filing of this claim.

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

benefit of $10,000.00, past benefit/expenses, and $ 10,060.60 for

attorneyÓs fees and costs, the claims of Petitioners shall be

deemed fully satisfied an d extinguished.

5. The Division of Administrative Hearings retains

jurisdiction over this matter to resolve any disputes, should they

arise, regarding the P artiesÓ compliance with the terms of this

Order.

DONE AND ORDERED this 1 6 th day of March , 2017 , i n

Tallahassee, Leon County, Florida.

S

BARBARA J. STAROS

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 1 6 th day of March , 2017 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compe nsation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7014 2120 0003 1053 5017)

Allison C. McMillen, Esquire

McMillen Law Firm, P.A.

608 East Central Boulevard

Orlando, Florida 32801

(eServed)

(Cert ified Mail No. 7016 0910 0001 7980 4216)

Henry W. Jewett, II, Esquire

Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A.

201 East Pine Street, 15th Floor

Orlando, Florida 32801

(eServed)

(Certified Mail No. 7016 0910 0001 7980 4223)

Amie Rice, Inve stigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7016 0910 0001 7980 4230)

Justin Senior , Secretary

Health Quality Assurance

Agency for Health Care Administr ation

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7016 0910 0001 7980 4247)

NOTICE OF RIGHT TO JUDICIAL REVIEW

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

by appeal to the District Court o f 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 a gency c lerk of the Div ision 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 - Re lated Neurological

Injury Comp. Ass'n v. Carreras , 598 So. 2d 299 (Fla. 1st DCA

1992).