18-000500N Arielle M. Ramos And Edward Gutierrez, As Parents And Natural Guardians Of Easton Gutierrez, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, October 18, 2018.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ARIELLE M. RAMOS and EDWARD

GUTIERREZ, as parents and

natural guardians of EASTON

GUTIERREZ, a minor,

Petitioners,

vs. Case No. 18 - 0500N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent,

and

ADVENTIST HEALTH SYSTEM/SUNBELT,

INC. , d/b/a FLORIDA HOSPITAL

CELEBRATION HEALTH,

Intervenor.

_______________________________/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on fo r 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 (Stipulatio n and Joint Petition),

filed with the Division of Administrative Hearings on October 17,

2018 , 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 o f the exclusive

remedy otherwise available as outlined in chapter 766.

By the terms of their stipulation, Petitioners, as parents

and natural guardians of Easton Gutierrez , a minor, and

Respondent, Florida Birth - Related Neurological Injury

Compensation Ass ociation (NICA), have agreed that Arielle Ramos

and Edward Gutierrez are the parents and legal guardians of

Easton Gutierrez ; that Easton Gutierrez was born a live infant on

or about February 12, 2017, at Florida Hospital Celebration

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

Celebration , Florida; and that Easton GutierrezÓs birth wei ght

exceeded 2,500 grams. The p arties have further agreed that

Kristell Valverde, M.D., provided obstetrical services at Easton

GutierrezÓs delivery and w as a Ðparticipating physicianÑ in the

Florida Birth - Related Neurological Injury Compensation Plan, as

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

Easton Gutierrez suffered a Ðbirth - related neurological injury,Ñ

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

and proximate cause of his medical condition .

It is ORDERED:

1. The Stipulation and Joint Petition filed on October 17,

2018 , is hereby approved, and the p arties are directed to comply

with the provisions of the Sti pulation and Joint Petition.

2. Petitioners, Arielle Ramos and Edward Guiterrez , as the

parents and legal guardians of Easton Guiterrez , a minor, are

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

section 766.31(1)(b)1., to be paid as per iodic payments ; and

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 .

3 . Upon the payment o f the award of $100,000.00, and past

benefit s /expenses, the claims of Petitioners shall be deemed fully

satisfied and extinguished.

4 . The Division of Administrative Hearings retains

jurisdiction over this matter to resolve any disputes, sh ould they

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

Order.

DONE AND ORDERED this 18th day of October , 2018 , in

Tallahassee, Leon County, Florida.

S

TODD P. RESAVAGE

Administrative Law Judge

Division of Administrati ve 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 18th day of October , 2018 .

COPIES FURNISHED:

(via certified mail)

Arielle M. Ramos

Edward Gutierrez

No. 101

820 Coastal Bay Lane

Kissimmee, Florida 34741

(Certified Mail Number 7018 0040 0000 9779 0330)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Comp ensation Association

Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified Mail Number 7018 0040 0000 9779 0347)

Travase Lloyd Erickson, Esquire

Saalfield Shad Stone, P.A.

Suite 400

245 Riverside Avenue

Jacksonville, Florida 322 02

(eServed)

(Certified Mail Number 7018 0040 0000 9779 0354)

Tana D. Storey, Esquire

Rutledge Ecenia, P.A.

Suite 202

119 South Monroe Street

Tallahassee, Florida 32301

(eServed)

(Certified Mail Number 7018 0040 0000 9779 0361)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail Number 7018 0040 0000 9779 0378)

Justin Senior , Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail Number 7018 0040 0000 9779 0385)

Kristell M. Valverde, M.D.

380 Celebration Place, Second Floor

Celebration, Florida 34747

(Certified Mail Number 7018 0040 0000 9779 0392 )

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 Ap pellate 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

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

copy, accompanied by f iling 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).