17-002086N Gina Minardi, On Behalf Of And As Parent And Natural Guardian Of Dominic Minardi, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, June 15, 2017.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GINA MINARDI, on behalf of and

as parent and natural guardian

of DOMINIC MINARDI, a deceased

minor,

Petitioner,

vs. Case No. 17 - 2086N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Re spondent.

_______________________________/

FINAL ORDER APPROVING STIPULATIO N 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 on June 7, 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, Petitione r, as parent and

natural guardian of Dominic Minardi (Dominic) , deceased, and

Respondent, the Florida Birth - Related Neurological Injury

Compensation Association (NICA), have agreed that Gina Minardi is

the parent and legal guardian of Dominic; that Dominic was born a

live infant on or about January 9, 2015, at Tampa General

Hospital, a ÐhospitalÑ as defined by section 766.302(6) located

in Tampa, Florida; and that Domini cÓs birth weight exceeded

2,500 grams. The Parties have further agreed that David Rapki n,

M.D., provided obstetrical services at DominicÓs 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 Dominic suffered a

Ðbirth - r elated neurological injury,Ñ as that term is defined by

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

injury and subsequent death.

It is ORDERED:

1. The Stipulation and Joint Petition filed on June 7, 2017,

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

the provisions of the Stipulation and Joint Petition.

2. Petitioner, Gina Minardi, as the parent and legal

guardian of Dominic, deceased, is 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 20 of

the Stipulation and Joint Petition; and paym ent of the $10,000.00

death benefit pursuant to section 766.31(1)(b)1.

3. NICA will reimburse Armando Lauritano, Esquire, attorney

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

expenses of $500.00, totaling $10,500.00 in full for service s

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 $10,500.00 for

attorneyÓs fees and costs, the claims of Petitioner shall be

deemed fully satisfied and ext inguished.

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 15th day of June , 2017 , in

Tallah assee, Leon County, Florida.

S

W. DAVID WATKINS

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 15th day of June , 2017 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7016 2710 0000 4543 0507)

Armando Lauritano, Esquire

Morgan and Morgan, P.A.

One Tampa City Center

201 North Franklin Street, 7th Floor

Tampa, Florida 3 3602

(eServed)

(Certified Mail No. 7016 2710 0000 4543 0514)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7016 2710 0000 4543 0521)

Just in Senior , Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7016 2710 0000 4543 0538)

Shannon Ingwersen, M.D.

University of South Florida

MDC 4 1

12901 Bruce Downs Boulevard

Tampa, Florida 33612

(Certified Mail No. 7016 2710 0000 4543 0545)

David Rapkin, M.D.

6th Floor

2 Tampa General Circle

Tampa, Florida 33606

(Certified Mail No. 7016 2710 0000 4543 0552)

Megan McDowell, M.D.

Suite 308

17 D avis Boulevard

Tampa, Florida 33606

(Certified Mail No. 7016 2710 0000 4543 0569)

Sarah Somer, M.D.

Suite 308

17 Davis Boulevard

Tampa, Florida 33606

(Certified Mail No. 7016 2710 0000 4543 0576)

Tampa General Hospital

Attention: Risk Management

1 Tamp a General Circle

Tampa, Florida 33606

(Certified Mail No. 7016 2710 0000 4543 0583)

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

766.31 1(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 Division of Administrative Hearings

wi thin 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).