19-005951N Mark Ostrovskiy And Evgenia Ostrovskaya, Individually And As Parents And Next Friends Of Vladislav Ostrovskiy, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, March 26, 2020.

Summary: The parties' Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Birth-Related Neurological Injury is approved.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

M ARK O STROVSKIY A ND E VGENIA

O STROVSKAYA , I NDIVIDUALLY A ND A S

P ARENTS A ND N EXT F RIENDS OF

V LADISLAV O STROVSKIY , A M INOR , Case No. 19 - 5951N

Petitioner ,

vs.

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPENSATION A SSOCIATION ,

Respondent .

/

F INAL O RDER A PPROVING S TIPULATION FOR E NTRY OF A WARD

This cause came on for 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 (Stipulation and Joint

Petition), filed with the Division of Adminis trative Hearings on March 18,

2020, 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

c hapter 766.

By the terms of their S tipulation and Joint Petition , Petitioners, Mark

Ostrovskiy and Evgenia Ostrovskaya, as parents and natural guardians of

Vladislav Ostrovskiy, a minor, and Respondent, the Florida Birth - Related

Neurological Injury Compen sation Association (NICA), have agreed that

Mark Ostrovskiy and Evgenia Ostrovskaya are the parents of Vladislav

Ostrovskiy (Vladislav), a minor; that Vladislav was born a live infant on or

about September 17, 2017, at Mount Sinai Medical Center, a Ñhospit al,Ò as

defined by section 766.302(6), located in Miami Beach, Florida; and that

VladislavÔs birth weight exceeded 2,500 grams. The parties have further

agreed that Jeff T. Moise, M.D., provided obstetrical services at VladislavÔs

delivery and was a Ñparti cipating physicianÒ in the Florida Birth - Related

Neurological Injury Compensation Plan, as defined by section 766.302(7). The

parties have agreed that Vladislav suffered a Ñbirth - related neurological

injury,Ò as that term is defined by section 766.302(2). It is

ORDERED:

1. The Stipulation and Joint Petition filed on March 18, 2020, is hereby

approved, and the parties are directed to comply with the provisions of the

Stipulation and Joint Petition.

2. Petitioners, Mark Ostrovskiy and Evgenia Ostrovskaya, as the parents

and legal guardians of Vladislav, a minor, are awarded one hundred

thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be

paid as a lump sum to the parents; payment of benefits up to and including

the effective date of th e 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 future expenses, as incurred.

3. NICA will reimburse McMillen Law Firm, P.A., attorneys fo r

Petitioners, an agreed - upon attorneyÔs fee of $12,500.00 and expenses of

$141.76, totaling $12,641.76 in full, for services rendered in the filing of this

claim.

4. Upon the paym ent of the award of $100,000.00 for past

benefit/expenses, and $12,641.76 f or attorneyÔs fees and costs, the claims of

Petitioners shall be deemed fully satisfied and extinguished, except for

Respondent's 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 partiesÔ

compliance with the terms of this Order.

D ONE A ND O RDERED this 26 th day of March, 2020, in Tallahassee, Leon

County, Florida.

S

T ODD P. R ESAVAGE

Adm inistrative 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 Hear ings

this 26 th day of March, 2020.

C OPIES F URNISHED :

(via certified mail)

Allison C. McMillen, Esquire

McMillen Law Firm, P.A.

Suite 105

163 East Morse Boulevard

Winter Park, Florida 32789

(eServed)

(Certified No. 7019 1640 0000 2208 6477 )

Kenney Shi pley, Executive Director

Florida Birth - Related Neurological

Injury Compensation Association

Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified No. 7019 1640 0000 2208 6484 )

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified No. 7019 1640 0000 2208 64 91 )

Mary C. Mayhew, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tall ahassee, Florida 32308

(eServed)

(Certified No. 7019 1640 0000 2208 6507 )

Jeff Moise, M.D.

No. 940

4302 Alton Road

Miami Beach, Florida 33140

(Certified No. 7019 1640 0000 2208 6514 )

Mount Sinai Medical Center

Attention: Risk Management

4300 Alton Road

Miami Beach, Florida 33140

(Certified No. 7019 1640 0000 2306 2500 )

N OTICE O F 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), Florida St atutes.

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 re ndition 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).