19-002176N Sherri Savage And Mario Cruz, Individually And As Parents Of Mateo Cruz, Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, July 23, 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

SHERRI SAVAGE and MARIO CRUZ,

individually and as parents of

MATEO CRUZ, deceased,

Petitioners,

vs. Case No. 19 - 2176N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent.

______ _________________________/

FINAL ORDER APPROVIN G STIPULATION FOR EN TRY 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 Comp ensation of Claim Arising Out of

Florida Birth - Related Neurological Injury Pursuant to

Chapter 766, Florida Statutes (ÐStipulationÑ), filed with the

Division of Administrative Hearings on July 16, 2019, 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, Sherri

Savage and Mario Cruz, individually and as parents of Mateo Cruz,

and Respondent, the Florida Birth - Related Neurological Injury

Compensation Association (ÐNICAÑ), have agree that Sherri Savage

and Mario Cruz are the parents and legal guardians of Mateo Cruz

(ÐMateoÑ), who is no w deceased; that Mateo was born a live infant

on or about October 26, 2018, at AdventHealth Orlando (formerly

known as Florida Hospital Orlando), a ÐhospitalÑ as defined by

section 766.302(6) located in Orlando, Florida; and that MateoÓs

birth weight excee ded 2,500 grams. The parties further agree

that Scott Boone, M.D., provided obstetrical services at MateoÓs

delivery and was a Ðparticipating physicianÑ in the Florida

Birth - Related Neurological Injury Compensation Plan, as defined

by section 766.302(7). The parties agree that Mateo 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

MateoÓs death.

It is ORDERED:

1. The Stipulation filed on July 16, 2019, is hereby

app roved, and the parties are directed to comply with the

provisions of the Stipulation.

2. Petitioners, Sherri Savage and Mario Cruz , as the

parents and legal guardians of Mateo (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;

3. Petitioners, Sherri Savage and Mario Cruz, as the parents

and legal guardians of Mateo (deceased), are awarded a death

benefit in the amount of ten thousand dollars ($10,000.00), to be

paid as a lump s um;

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

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

expenses of $397.48, totaling $10,397.48, in full, for services

rendered in the filing of this claim.

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

benefit of $10,000, as well as $10,397.48 for attorneyÓs fees and

costs, PetitionersÓ claims shall be deemed fully satisfied and

extinguished.

5. The Division of Administrative Hearings retains

jurisdiction over this mat ter to resolve any disputes, should

they arise, regarding the partiesÓ compliance with the terms of

this Order.

DONE AND ORDERED this 23rd day of July , 2019 , in

Tallahassee, Leon County, Florida.

S

J. BRUCE CULPEPPER

Admi nistrative 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 Hea rings

this 23rd day of July , 2019 .

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)

(Ce rtified No. 7017 2400 0000 8929 6775 )

Allison C. McMillen, Esquire

McMillen Law Firm, P.A.

608 East Central Boulevard

Orlando, Florida 32801

(eServed)

(Certified No. 7017 2400 0000 8929 6782 )

Tana D. Storey, Esquire

Rutledge Ecenia, P.A.

119 South Monro e Street , Suite 202

Tallahassee, Florida 32301

(eServed)

(Certified No. 7017 2400 0000 8929 6799 )

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified No . 7017 2400 0000 8929 6805 )

Mary C. Mayhew, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified No. 7017 2400 0000 8929 6812 )

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 proceed ings 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 filing fees prescribed by law, wi th 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).