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17-004484N Marissa G. Montgomery And Shawn W. Arradondo, As Parents And Natural Guardians Of Xavier Roscoe-Rey Arradondo, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association
 Status: Closed
DOAH Final Order on Friday, July 20, 2018.

View Dockets  
Summary: Order approving Stipulation and Joint Petition. Petition was found compensable.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8DIONE MILLAR, as parent and

13natural guardian of NATHAN

17XAVIER YOUNGERMAN, a minor,

21Petitioner,

22vs. Case No. 17 - 4484N

28FLORIDA BIRTH - RELATED

32NEUROLOGICAL INJURY COMPENSATION

35ASSOCIATION,

36Respondent.

37_______ ________________________/

39FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

47This cause came on for consideration pursuant to

55sections 766.304 and 766.305(7), Florida Statutes, upon the

63Stipulation and Joint Petition for Com pensation of Claim Arising

73Out of Florida Birth - Related Neurological Injury Pursuant to

83Chapter 766, Florida Statutes (Stipulation and Joint Petition),

91filed with the Division of Administrative Hearings on May 18,

1012018 , for the entry of an order approving the resolution of a

113claim for compensation benefits filed in accordance with the

122provisions of chapter 766 and a resolution of the exclusive

132remedy otherwise available as outlined in chapter 766.

140By the terms of their stipulation, Petitioner, Dionne Millar

149as parent and natural guardian of Nathan Xavier Youngerman

158(Nathan) , a minor, and Respondent, the Florida Birth - Related

168Neurological Injury Compensation Association (NICA), have agreed

175that Dionne Millar is the parent and legal guardian of Nathan

186Xavier Y oungerman , a minor; that Nathan was born a live infant on

199or about July 7, 2015 , at Holmes Regional Medical Center , a

210Ðhospital , Ñ as defined by section 766.302(6) , located in

219Melbourne , Florida; and that Nathan Ós birth weight exceeded 2,500

230grams. The Par ties have further agreed that Lance Maki , M.D.,

241and Christine Trupiano, M.D., provided obstetrical services at

249Nathan's delivery and were Ðparticipating physician s Ñ in the

259Florida Birth - Related Neurological Injury Compensation Plan, as

268defined by section 7 66.302(7). The Parties have agreed that

278Nathan suffered a Ðbirth - related neurological injury,Ñ as that

289term is defined by section 766.302(2), which was the sole and

300proximate cause of Nathan 's current medical condition.

308It is ORDERED:

3111. The Stipulation and Joint Petition filed on May 18 , 201 8 ,

323is hereby approved, and the Parties are directed to comply with

334the provisions of the Stipulation and Joint Petition.

3422. Petitioner, Dione Millar , as the parent and legal

351guardian of Nathan , a minor, is awarded on e hundred thousand

362dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be

371paid as periodic payments to the parent; payment of benefits up to

383and including the effective date of the Stipulation and Joint

393Petition pursuant to section 766.31(1)(a), subject to the

401provisions of paragraph 19 of the Stipulation and Joint Petition;

411and payments of future expenses, as incurred.

4183. NICA will reimburse TÓanjuiming Marx , Esquire, attorney

426for Petitioner, an agreed - upon attorneyÓs fee of $ 10,000.00 and

439expen ses of $ 4,961.81 , totaling $ 14,961.81 in full for services

453rendered in the filing of this claim.

4604. Upon the payment of the award of $100,000.00, past

471benefit/expenses, and $ 14,961.81 for attorneyÓs fees and costs,

481the claims of Petitioner shall be deemed fully satisfied and

491extinguished, except for Respondent's continuing obligation under

498section 766.31(2) to pay future expenses, as incurred.

5065. The Division of Administrative Hearings retains

513jurisdiction over this matter to resolve any disputes, should they

523arise, regarding the PartiesÓ compliance with the terms of this

533Order.

534DONE AND ORDERED this 25th day of May , 2018 , in Tallahassee,

545Leon County, Florida.

548S

549TODD P. RESAVAGE

552Administrative Law Judge

555Division of Admini strative Hearings

560The DeSoto Building

5631230 Apalachee Parkway

566Tallahassee, Florida 32399 - 3060

571(850) 488 - 9675

575Fax Filing (850) 921 - 6847

581www.doah.state.fl.us

582Filed with the Clerk of the

588Division of Administrative Hearings

592this 25th day of May , 2018 .

599COPI ES FURNISHED:

602(via certified mail)

605Kenney Shipley, Executive Director

609Florida Birth Related Neurological

613Injury Compensation Association

616Suite 1

6182360 Christopher Place

621Tallahassee, Florida 32308

624(eServed)

625(Certified Mail Number 7018 0040 0000 9773 6710 )

634T'anjuiming Marx, Esquire

637Bounds Law Group

6401751 North Park Avenue

644Maitland, Florida 32751

647(eServed)

648(Certified Mail Number 7018 0040 0000 9773 6727 )

657Amie Rice, Investigation Manager

661Consumer Services Unit

664Department of Health

6674052 Bald Cypress Way, B in C - 75

676Tallahassee, Florida 32399 - 3275

681(Certified Mail Number 7018 0040 0000 9773 6734 )

690Justin Senior , Secretary

693Health Quality Assurance

696Agency for Health Care Administration

7012727 Mahan Drive, Mail Stop 1

707Tallahassee, Florida 32308

710(eServed)

711(Certifie d Mail Number 7018 0040 0000 9773 6741 )

721Lance Maki, M.D.

7241350 Hickory Street

727Melbourne, Florida 32901

730(Certified Mail Number 7018 0040 0000 9773 6758 )

739Christine Thomas Trupiano, M.D.

7432571 West Eau Gallie Boulevard, Suite 1

750Melbourne, Florida 32935

753( Certified Mail Number 7018 0040 0000 9773 6765 )

763Holmes Regional Medical Center

767Attention: Risk Management

7701350 South Hickory Street

774Melbourne, Florida 32901

777(Certified Mail Number 7018 0040 0000 9773 6772 )

786NOTICE OF RIGHT TO JUDICIAL REVIEW

792Review o f a final order of an administrative law judge shall be

805by appeal to the District Court of Appeal pursuant to section

816766.311(1), Florida Statutes. Review proceedings are governed by

824the Florida Rules of Appellate Procedure. Such proceedings are

833commence d by filing the original notice of administrative appeal

843with the a gency c lerk of the Division of Administrative Hearings

855within 30 days of rendition of the order to be reviewed, and a

868copy, accompanied by filing fees prescribed by law, with the

878clerk of t he appropriate District Court of Appeal. See

888§ 766.311(1), Fla. Stat., and Fla. Birth - Related Neurological

898Injury Comp. Ass'n v. Carreras , 598 So. 2d 299 (Fla. 1st DCA

9101992).

Dockets
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PDF
Date
Proceedings
PDF:
Date: 08/06/2018
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 07/26/2018
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 07/25/2018
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 07/20/2018
Proceedings: Amended DOAH FO
PDF:
Date: 07/20/2018
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 07/20/2018
Proceedings: Amended Final Order Approving Stipulation.
PDF:
Date: 07/16/2018
Proceedings: Undeliverable envelope returned from the Post Office.
PDF:
Date: 07/10/2018
Proceedings: Revised Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling filed.
PDF:
Date: 07/02/2018
Proceedings: Undeliverable envelope returned from the Post Office.
PDF:
Date: 06/29/2018
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 06/27/2018
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 06/22/2018
Proceedings: Second DOAH FO
PDF:
Date: 06/22/2018
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 06/22/2018
Proceedings: Final Order Approving Stipulation. CASE CLOSED.
PDF:
Date: 06/21/2018
Proceedings: Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling filed.
PDF:
Date: 06/20/2018
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 06/06/2018
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 06/04/2018
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/31/2018
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/30/2018
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/25/2018
Proceedings: DOAH Final Order
PDF:
Date: 05/25/2018
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 05/25/2018
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 05/25/2018
Proceedings: Final Order Approving Stipulation for Entry of Award. CASE CLOSED.
PDF:
Date: 05/18/2018
Proceedings: Notice of Filing (Stipulation and Joint Petition) filed.
PDF:
Date: 05/08/2018
Proceedings: Order Accepting Amended Petition.
PDF:
Date: 05/07/2018
Proceedings: Petitioner's Agreed to Motion for Extension of Time to File Response to NICA Acceptance filed.
PDF:
Date: 05/07/2018
Proceedings: Amended Petition for Determination of NICA Coverage filed.
PDF:
Date: 05/02/2018
Proceedings: Order Requiring Response.
PDF:
Date: 02/15/2018
Proceedings: Order Granting Extension of Time.
PDF:
Date: 02/15/2018
Proceedings: Petitioner's Agreed to Motion for Extension of Time to File Response to NICA Acceptance filed.
PDF:
Date: 02/09/2018
Proceedings: Order Requiring Response.
PDF:
Date: 01/25/2018
Proceedings: Motion for Entry of Protective Order Regarding Confidential Documents Related to Petitioner's Medical Records filed.
Date: 01/25/2018
Proceedings: Letter to T. Marx from K. Shipley Regarding Compensability filed.  Confidential document; not available for viewing.
PDF:
Date: 11/27/2017
Proceedings: Order Granting Extension of Time.
PDF:
Date: 11/20/2017
Proceedings: Motion for Extension of Time in which to Respond to Petition filed.
PDF:
Date: 10/02/2017
Proceedings: Order Granting Extension of Time.
PDF:
Date: 09/29/2017
Proceedings: Motion for Extension of Time in which to Respond to Petition filed.
PDF:
Date: 09/21/2017
Proceedings: Undeliverable envelope returned from the Post Office.
PDF:
Date: 08/30/2017
Proceedings: Order (Motion to accept K. Shipley as qualified representative granted).
PDF:
Date: 08/29/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 08/29/2017
Proceedings: Motion to Act as a Qualified Representative before the Division of Administrative Hearings filed.
PDF:
Date: 08/21/2017
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 08/18/2017
Proceedings: Undeliverable envelope returned from the Post Office.
PDF:
Date: 08/17/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 08/16/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 08/16/2017
Proceedings: CD Containing Medical Records filed.
PDF:
Date: 08/10/2017
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 08/10/2017
Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
PDF:
Date: 08/10/2017
Proceedings: Initial Order.
PDF:
Date: 08/09/2017
Proceedings: Letter to Claudia Llado from Tanjuiming Marx enclosing a CD-ROM.
Date: 07/31/2017
Proceedings: NICA filing fee $15.00: Check No. 8975 filed (not available for viewing).
PDF:
Date: 07/31/2017
Proceedings: Petition for Determination of NICA Coverage Filed under Protest filed.

Case Information

Judge:
TODD P. RESAVAGE
Date Filed:
07/31/2017
Date Assignment:
08/10/2017
Last Docket Entry:
08/06/2018
Location:
Tallahassee, Florida
District:
Northern
Agency:
Florida Birth-Related Neurological Injury Compensation Associati
Suffix:
N
 

Counsels

Related Florida Statute(s) (5):