20-000500N Krishna Udaiyar, Prabhu And Muthaiyan, Ramya, On Behalf Of And As Parents And Natural Guardians Of Prabhu, Dhakshan, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Monday, October 26, 2020.

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.

Prabhu, Dhakshan (“ Dh akshan ”), a minor, and Respondent, the Florida

Birth - Related Neurological Injury Compensation Association (“NICA”), agree

to the following:

1. Krishna Udaiyar, Prabhu, and Muthaiyan, Ramya are the parents and

natural guardians of Dhakshan ;

2. Dhakshan w as born a live infant on January 5, 2019, at AdventHealth

Tampa, a “hospital” as defined by section 766.302(6) , located in Tampa ,

Florida;

3. Dhakshan ’s birth weight exceeded 2,500 grams ;

4 . Dhakshan suffered a “birth - related neurological injury” as that term is

defined by section 766.302(2), which was the sole and proximate cause of

Dhakshan’s current medical condition ; and

5. James C. Von Thron, M.D., and Rechelle Pena, M.D., provided

obstetrical services at Dhakshan’ s delivery , and at that time, each do ctor was

a “participating physician” in the Florida Birth - Related Neurological Injury

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

It is ORDERED:

1. The Stipulation filed on October 19, 2020 , is hereby approved, and the

parties are directed to c omply with the provisions of the Stipulation.

2. Petitioners, Krishna Udaiyar, Prabhu, and Muthaiyan, Ramya , are

awarded One Hundred T housand dollars ($100,000.00), pursuant to section

766.31(1)(b)1.

3. Petitioners are awarded p ayment of benefits up to and including the

effective date of the Stipulation pursuant to section 766.31(1)(a), subject to

the provisions of paragraph 19 of the Stipulation.

4. Upon NICA’s payment of the award of $100,000.00, Petitioners’ claims

shall be deemed fully satisfied and ext inguished, except for Responden t’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 parties’

compliance with the terms of this Order.

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

County, Florida.

J. B RUCE C ULPEPPER

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalache e 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 26th day of October , 2020 .

C OPIES F URNISHED :

(via certified mail)

Kenney Shipl ey, Executive Director

Florida Birth - Related Neurological

Injury Compensation Association Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified No. 7019 2280 0001 7689 4491)

Prabhu Krishna Udaiyar

Muthaiyan Ramya

Apartment 2 01

10240 Douglas Oaks Circle

Tampa, Florida 33610

(Certified No. 7019 2280 0001 7689 4507)

Gabrielle Osborne, Esquire

Beytin, McLaughlin, McLaughlin,

O'Hara, Kinman & Bocchino, P.A. 1706 East Eleventh Avenue

Tampa, Florida 33605

(eServed)

(Certified No. 7019 2280 0001 7689 4514)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified No. 7019 2280 0001 7689 4521)

Shevaun L. Harris , Acting Secretary

Healt h Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified No. 7019 2280 0001 7689 4484)

N OTICE O F R IGHT T O J UDICIAL R EVIEW

Review of a final order of an administrative law j udge 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 administr ative 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).