18-005024N Amanda Moreno And Israel Sierra, Individually And As Parents And Next Friends Of Leiah Sierra, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, January 4, 2019.

Summary: Final Order entered approving the parties' stipulation that the child suffered a "birth-related neurological injury" as defined in section 766.302(2), and awarding benefits as outlined in chapter 766.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AMANDA MORENO and ISRAEL SIERRA,

individually and as parents and

next friends of LEIAH SIERRA, a

minor,

Petitioners,

vs. Case No. 18 - 5024N

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 STIPULATIO N FOR ENTRY OF AWARD

This cause came on f or 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 (ÐStipulat ion and Joint

PetitionÑ), filed with the Division of Administrative Hearings

on December 17, 2018, 1/ 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, Petitioners, Amanda

Moreno and Israel Sierra, individually and as parents and

natural guardians of Leiah Sierra, a minor, and Respondent, the

Fl orida Birth - Related Neurological Injury Compensation

Association (ÐNICAÑ), have agreed that Amanda Moreno and Israel

Sierra are the parents and legal guardians of Leiah Sierra

(ÐLeiahÑ), a minor; that Leiah was born a live infant on or

about September 10, 2017 , at Adventist Health System/Sunbelt,

Inc., d/b/a Florida Hospital Celebration Health , a ÐhospitalÑ as

defined by section 766.302(6) located in Celebration, Florida;

and that Leiah Ós birth weight exceeded 2,500 grams. The p arties

further agree that Br e nda Harris - Watson , M.D., provided

obstetrical services at Leiah Ós delivery and was a

Ðparticipating physicianÑ in the Florida Birth - Related

Neurological Injury Compensation Plan, as defin ed by section

766.302(7). The p arties agree that Leiah suffered a Ð birth -

related neurological injury,Ñ as that term is defined by section

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

current medical condition.

It is ORDERED:

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

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

with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Amanda Moreno and Israel Sierra , as the

parents and legal guardians of Leiah, a minor, are awarded one

hundred thousand dollars ($100, 000.00), pursuant to section

766.31(1)(b)1., to be paid as lump sum to the parents; 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 1 9 of the Stipulation and

Joint Petition; and payments of future expenses, as incurred.

3. NICA will reimburse the McMillen Law Firm, legal counsel

for Petitioners, agreed - upon attorneyÓs fees of $10,000.00 and

expenses of $109.65, totaling $10,109.65, in full, for services

rendered in the filing of this claim.

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

benefit/expenses, and $10,109.65 for attorneyÓs fees and costs,

the claims of Petitioners shall be deemed fully satisfied and

extinguished, exce pt for RespondentÓs 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 p artiesÓ comp liance with the terms of

this Order.

DONE AND ORDERED this 4th day of January , 201 9 , in

Tallahassee, Leon County, Florida.

S

J. BRUCE CULPEPPER

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Build ing

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 4th day of January , 201 9 .

ENDNOTE

1/ NICA filed an Amended N otice of Filing on December 18, 2018,

which included a complete and correct co p y of the Stipulation

and Joint Petition.

COPIES FURNISHED:

(via certified mail)

Samantha Aylward, Esquire

Grower, Ketcham, Eide, Telan & Meltz, P.A.

901 North Lake Destiny Ro ad

Maitland, Florida 32751

(eServed)

(Certified Mail N o. 7015 0640 0003 7653 0913 )

Allison C. McMillen, Esquire

McMillen Law Firm, P.A.

608 East Central Boulevard

Orlando, Florida 32801

(eServed)

(Certified Mail N o. 7015 0640 0003 7653 0944 )

Kenne y Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place , Suite 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail N o. 7017 2400 0000 8929 5037 )

Tana D. Storey, Esquire

Rutledge Ecenia, P .A.

119 South Monroe Street , Suite 202

Tallahassee, Florida 32301

(eServed)

(Certified Mail N o. 7017 2400 0000 8929 6379 )

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail N o. 7017 2400 0000 8929 6386 )

Justin Senior , Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail N o. 7017 2400 0000 8929 63 93 )

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 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 within 30 days of rendition of the order to be

reviewed, and a copy, accompanied b y 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 Ó n v. Carreras , 598 So. 2d 299

(Fla. 1st DCA 1992).