19-004600N Gabrielle Cordeiro, Individually And As Parent And Next Friend Of Roman Cordeiro Nelson, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, February 28, 2020.

Summary: Final Order approving Stipulation for NICA compensation.

By the terms of their stipulation, Petitioner, Gabrielle Cordeiro as parent

and next friend of Roman Cordeiro Nelson, a minor, and Respondent , the

Florida Birth - Related Neurological Injury Compensation Association (NICA),

have agreed that Gabrielle Cordeiro is the parent and legal guardian of

Roman Cordeiro Nelson (Roman), a minor; that Roman was born a live infant

on or about May 24, 2018, at Halifax Health Medical Center, a “hospital” as

defined by section 766.302(6) located in Daytona Beach, Volusia County,

Florida; and that Roman’s birt h weight exceeded 2,500 grams. The Parties

have further agreed that Billy L. Duke, M.D., provided obstetric al services at

Roman’s delivery and was a “participating physician” in the Florida Birth -

Related Neurological Injury Compensation Plan, as defined by section

766.302(7). The Parties have agreed that Roman suffered a “birth - related

neurological injury,” as that term is defined by section 766.302(2), which was

the sole and proximate cause of Roman's current medical condition.

It is O RDERED :

1. The Stipulation and Joint Petition filed on January 27, 2020, is hereby

approved, and the Parties are directed to co mply with the provisions of the

Stipulation and Joint Petition.

2. Petitioner, Gabrielle Cordeiro, as the parent and next friend of Roman,

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

section 766.31(1)(b)1., to be paid as a l ump sum to the parent; 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; and payments of futur e

expenses, as incurred.

3. NICA will reimburse McMillen Law Firm, A Professional Association,

attorneys for Petitioner, an agreed - upon attorney’s fee of $12,500.00 and

expenses of $109.55, totaling $12,609.55 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 $12,609.55 for attorney’s fees and costs, the claims of Petitioner shall be

deemed fully satisfied and extinguished, except for Respondent's continuing

obligation unde r 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 Parties’ compliance with the terms of this Order.

D

ONE A ND O RDERED this 28th day of February , 2020 , in Tallahassee, Leon

County, Florida.

W. D AVID W ATKINS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

Fax F iling (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 28th day of February , 2020 .

C OPIES F URNISHED :

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth - Related Neurological

In jury Compensation Association

Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7019 1640 0000 2306 2555)

Allison C. McMillen, Esquire

McMillen Law Firm, P.A.

608 East Central Boulevard

Orlando, Florida 32801

(eSer ved)

(Certified Mail No. 7019 1640 0000 2306 2562)

Bradley P. Blystone, Esquire

Marshall, Dennehey, Warner,

Coleman and Goggin

Suite 550

315 East Robinson Street

Orlando, Florida 32801

(eServed)

(Certified Mail No. 7019 1640 0000 2306 2579)

Christina M. Benitez, Esquire

Rissman, Barrett, Hurt, Donahue

McLain & Mangan, P.A.

Suite 1100

1 North Dale Mabry Highway

Tampa, Florida 33609

(eServed)

(Certified Mail No. 7019 1640 0000 2306 2586)

Amie Rice, Investigation Manager

Consumer Services Unit

Departm ent of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7019 1640 0000 2306 2593)

Mary C. Mayhew, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee , Florida 32308

(eServed)

(Certified Mail No. 7019 1640 0000 2306 2609)

N OTICE OF R IGHT T O J UDICIAL R EVIEW

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), Flori da 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 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 - Related Neurological Injury Comp. Ass'n v. Carreras , 598 So. 2d 299

(Fla. 1st DCA 1992).