20-001793N Alexandra N. Gratchev And Justin Sherrard, On Behalf Of And As Parents And Natural Guardians Of Anastasia Sherrard, A Minor, Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Monday, June 1, 2020.

Summary: Final Order approving Stipulation for NICA Compensation.

minor; that Anastasia was born a live infant on or about January 17, 2019, at

UF Health Jacksonville, a “ho spital,” as defined by section 766.302(6), located

in Jacksonville, Florida; and that Anastasia’s bir th weight exceeded 2,500

grams. Anastasia died shortly after birth on January 17, 2019. The parties

have further agreed that Gregory Kainz, M.D., provided obstetrical services

at Anastasia’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 Anastasia suffered a “birth -

related neurolo gical injury,” as that term is defined by section 766.302(2) ,

which was the sole and proximate cause of her death. It is

ORDERED:

1. The Stipulation and Joint Petition filed on May 12, 2020, is hereby

approved, and the parties are directed to comply wi th the provisions of the

St ipulation and Joint Petition.

2. Petitioners, Alexandra N. Gratchev and Justin Sherrard , as the parents

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

thousand dollars ($100,000.00), pursuant to section 766.3 1(1)(b)1., to be paid as a lump sum to the parents and consistent with paragraph 13(a) of the

Stipulation and Joint Petition; a death benefit of ten thousand dollars

($10,000.00), pursuant to section 766.31(1)(b)2., and consistent with

paragraph 13(b) of t he Stipulation and Joint Petition ; 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 20 of

the Stipulation and Joint Petition; and payme nts of future expenses, as

incurred.

3. NICA shall reimburse Grant Kuvin, Esquire, an agreed upon attorney’s

fee of fourteen thousand dollars ($14,000.00), and expenses of one thousand

four hundred one dollars and twenty - seven cents ($1401.27); totaling f ifteen

thousand four hundred one dollars and twenty - seven cents ($15,401.27) for

services rendered in the filing the claim.

4. Upon the payme nt of the award of $100,000.00, $10,000.00 death

benefit, past benefit s /expenses, and attorney’s fees and expenses of

$15,401.27, t he 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 juri sdiction 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 1s t day of June , 2020 , in Tallahassee, Leon

County, Florida.

T ODD P. R ESAVAGE

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 the

Division of Administrative Hearings

this 1s t da y of June , 2020 .

C OPIES F URNISHED :

(via certified mail)

Grant A. Kuvin, Esquire

Morgan & Morgan

Suite 1100

76 South Laura Street

Jacksonville, Florida 32202

(eServed)

(Certified No. 7019 2280 0001 7689 4767 )

Kenney Shipley, Executive Director

Florida Birth - Related Neurological

Injury Compensation Association Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified No. 7019 2280 0001 7689 4774 )

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 B ald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified No. 7019 1640 0000 2306 3514 )

Mary C. Mayhew, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed )

(Certified No. 7019 1640 0000 2306 3521 )

Gregory Kainz, D.O.

UF Health Womens Specialists – N

Suite 4400

15255 Max Leggett Parkway

Jacksonville, Florida 32218

(Certified No. 7019 1640 0000 2306 3538 )

UF Health Shands Jacksonville

Attention: Risk Manag ement

655 8th Street West

Jacksonville, Florida 32209

(Certified No. 7019 1640 0000 2306 3545 )

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 sec tion 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 Division of Administrative

He arings 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 C omp. Ass'n v. Carreras , 598 So. 2d 299

(Fla. 1st DCA 1992).