19-004599N Houda Charfi And Omar Elmouki, As Parents And Natural Guardians Of Mundir Elmouki (Deceased), A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Monday, December 23, 2019.

Summary: The parties' stipulation for award of benefits is approved.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

HOUDA CHARFI AND OMAR ELMOUKI,

as parents and natural guardians

of MUNDIR ELMOUKI (deceased), a

minor , Case No. 19 - 4599N

Petitioner ,

vs.

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION ,

Respond ent .

/

FINAL ORDER

On December 11, 2019, the parties filed a 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). Petitioner

and the Florida Birth - Related Neurological Injury Compensation

Association (NICA) seek the entry of an order approving the

resolution of the claim for benefits filed in accordance with

the pro visions of chapter 766, Florida Statutes.

FINDINGS OF FACT

Based upon the stipulation of the parties, the following

facts are found:

1. Houda Charfi and Omar Elmouk i (Petitioners) are the

parents and legal guardians of Mundir Elmouki (Mundir), and are

the ÐClaimantsÑ as defined by section 766.302(3).

2. Mundir incurred a Ðbirth - related neurological injuryÑ

as that term is defined in sect ion 766.302(2), on or about

May 11, 2018, which was the sole and proximate cause of MundirÓs

injury.

3. At birth, Mundi r weighed 3,390 grams.

4. Luis Sanchez - Ramos, M.D., rendered obstetrical services

in MundirÓs delivery, and, at all material times, was a

Ðparticipating physicianÑ as defined in section 766.3012(7).

5. UF Health Jacksonville is a hospital located in

Jack sonville, Florida, is the hospital where Mundir was born ,

and is the ÐhospitalÑ as that term is defined in section

766.302(6).

6. Mundir died on May 11, 2018.

7. Petitioners filed a petition pursuant to section

766.305, seeking compensation from NICA, an d that Petition is

incorporated by reference in its entirety, including all

attachments. Any reference made within this document to NICA

encompasses, where appropriate, the Florida Birth - Related

Neurological Injury Compensation Plan (the Plan).

CONCLUSIO NS OF LAW

8. The Division of Administrative Hearings has

jurisdiction over the subject matter and the parties to this

proceeding pursuant to section 766.301.

9. Section 766.305(7) requires the presiding

administrative law judge to approve the settlement of any claim

where NICA determines that the injury is compensable.

CONCLUSION

Based upon the Findings of Fact and Conclusions of Law, it

is

ORDERED:

1. The Stipulation and Joint Petition filed December 11,

2019, is approved, and the parties are directed to comply with

provisions of the Stipulation and Joint Petition.

2. Petitioners, Houdi Charfi and Omar Elmouki, as the

parents and legal guardians of Mundir Elmouki, are awarded one

hundred thousand dollars ($100,000), to be paid as a lump sum to

the par ents, as authorized by section 766.31(1)(b).

3. Petitioners are also awarded past benefits and the Ten

Thousand Dollars ($10,000.00) death benefit authorized by

section 766.31. Payment of past benefits under section

766.31(1)(a) shall be subject to the provisions of paragraph 20

of the Stipulation and Joint Petition.

4. NICA will reimburse Teresa A. Arnold - Simmons, Esquire,

attorney for P etitioners, an agreed - upon attorneyÓs fee of Ten

Thousand Dollars ($10,000.00) and expenses of Five Thousand Nine

Hundred Eighty - Eight Dollars and Seventy - Two Cents ($5,988.72),

totaling Fifteen Thousand, Nine Hundred Eighty - Eight Dollars and

Seventy - Two Cents ($15,988.72) in full, for services rendered

with respect to this proceeding.

5. Upon the payment of the awa rd of $100,000; the death

benefit of $10,000; past benefits/expenses; and payment of the

attorneyÓs fee awarded to PetitionersÓ counsel, PetitionersÓ

claims shall be deemed fully satisfied and extinguished.

6. The Division of Administrative Hearings retai ns

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 23rd day of December , 2019 , in

Tallahassee, Leon County, Florida.

S

LISA SHEARER NELSON

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 t he

Division of Administrative Hearings

this 23rd day of December , 2019 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth - Related Neurological

Injury Compensation Association

Suite 1

2360 Christopher Place

Tallaha ssee, Florida 32308

(eServed)

(Certified Mail No. 7018 3090 0000 2189 4642)

Teresa A. Arnold - Simmons, Esquire

Morgan & Morgan

Suite 1100

76 South Laura Street

Jacksonville, Florida 32202

(Certified Mail No. 7018 3090 0000 2189 4659)

Amie Rice, Investig ation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7018 3090 0000 2189 4666)

Mary C. Mayhew , Secretary

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7018 3090 0000 2189 4673)

Louis Sanchez - Ramirez, M.D.

OB/GYN

653 - 1 West 8th Street

Jacksonville, Florida 32209

(Certified Mail No. 7018 3090 0000 2189 4680)

Kristin Tibavisky, M.D.

Sui te 200

6859 Southwest 18th Street

Boca Raton, Florida 33433

(Certified Mail No. 7018 3090 0000 2189 4697)

Staci Biegner, M.D.

OB/GYN

655 West 8th Street

Jacksonville, Florida 32209

(Certified Mail No. 7018 3090 0000 2189 4703)

UF Health Jacksonville

At tention: Risk Management

655 8th Street West

Jacksonville, Florida 32209

(Certified Mail No. 7018 3090 0000 2189 4710)

NOTICE OF RIGHT TO JUDICIAL REVIEW

Review of a final order of an administrative law judge shall be

by appeal to the District Court o f 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 Div ision of Administrative

Hearings within 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 - Rel ated

Neurological Injury Comp. Ass'n v. Carreras , 598 So. 2d 299

(Fla. 1st DCA 1992).