20-002017N Edward Reyes And Chelsea Reyes As Parents And Natural Guardians Of Edward Reyes, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Monday, July 6, 2020.

Summary: Petitioners, NICA, and Intervenors entered into stipulation as to compensability and ALJ approved award.

F INDINGS OF F ACT

Based upon the Stipulation and Joint Petition, the u ndersigned makes the

following Findings of F act:

1. Edward Reyes and Chelsea Reyes (“Petitioners”) are the parents and

legal guardians of Edward Reyes (“Edward”) and are the “claimants,” as

defined in section 766.302(3), Florida Statutes .

2. Edward suffered a “birth - related neurological injury” (“Injury”), as

defined in section 766 .302(2), on or about July 3, 2019. The Injury solely and

proximately caused Edward’s current medical condition.

3. At birth, Edward weighed 3,897 grams.

4. Pamela Snook, M.D., rendered obstetrical services in the delivery of

Edward and, at all material tim es, was a “participating physician,” as defined

in section 766.302(7).

5. Adventist Health System/Sunbelt, Inc., d/b/a AdventHealth Winter

Park, located in Orlando, Florida, is the “hospital,” as defined in section

766.302(6), where Edward was born.

6. On April 20, 2020, Petitioners filed a petition seeking compensation

from the Florida Birth - Related Neurological Injury Compensation

Association (“NICA”), pursuant to section 766.305, Florida Statutes. The

Petition is incorporated herein by reference in its e ntirety, including all attachments. Any reference to NICA made within that document

encompasses, where appropriate, the Florida Birth - Related Neurological

Injury Compensation Plan (“Plan”).

C ONCLUSIONS OF L AW

7. The Division of Administrative Hearings (“D OAH”) has jurisdiction over

the parties and exclusive jurisdiction over the subject matter of these proceedings pursuant to section 766.304, Florida Statutes .

8. Pursuant to section 766.305, the presiding administrative law judge

may approve the settlement of any claim where NICA determines that the

injury is compensable. This is such a case.

C ONCLUSION

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

hereby

ORDERED:

1. The Stipulation and Joint Petition, filed on June 16, 2020, is approved

and the parties are directed to comply with the provisions thereof.

2. Petitioners, Edward Reyes and Chelsea Reyes, as the parents and

natural guardians of Edward Re yes, are awarded One Hundred Thousand

Dollars ($100,000.00), to be paid to Petitio ners as periodic payments,

pursuant to section 766.31(1)(b), Florida Statutes. Petitioners are also

awarded payment of benefits as authorized in section 766.31(1)(a), subject to

the provisions of paragraph 19 of the Stipulation and Joint Petition.

3. NICA will reimburse Richard W. Bates, Esquire, counsel for

Petitioners, an agreed - upon attorney’s fee of Ten Thousand Dollars

($10,000.00) and expenses of Four Thousand Three Hundred and Four Dollars and Thirty - Six Cents ($4,304.36), totaling Fourteen Thousand Three

Hundred and Four Dollars and Thirty - Six Cents ($14,304.36) in full, for

services rendered in the filing of this claim.

4. Upon the payment of the award of $100,000.00, past benefits/expenses,

and the total attorney’s fees and expenses awarded to Pet itioners’ counsel,

Petitioners’ claims alleged in their Petition shall be deemed fully satisfied

and extinguished, except for NICA’s continuing obligation to pay future

expenses as incurred, as required by section 766.31(2).

5. DOAH retains jurisdiction o ver this matter to resolve any disputes,

should they arise, regarding the compliance with the terms of this Order.

D ONE A ND O RDERED this 6th day of July, 2020 , in Tallahassee, Leon

County, Florida.

S

A NDREW D. M ANKO

Administrative Law Judge

Division of A dministrative 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 6th day of July, 2020 .

C OPIES F URNISHED :

(via certified mail)

Richard W. Bates, Esquire

Morgan & Morgan, P.A.

20 North Orange Avenue , Suite 1600

Orlando, Florida 32801

(eServed)

(Certified No. 7019 2280 0001 7689 4132)

Kenney Shipley, Executive Director

Florida Birth - Related Neurological

Injury Compensation Association

2360 Christopher Place , Suite 1

Tallahassee, Florida 32308

(eServed)

(Certified No. 7019 2280 0001 7689 4149)

Travase Lloyd Erickson, Esquire

Saalfield Shad, PA

245 Riverside Avenue , Suite 400

Jacksonville, Florida 32202

(eServed)

(Certified No. 7019 2280 0001 7689 4156)

Tana D. Storey, Esquire

Rutledge Ecenia, P.A.

119 South Monroe Street , Suite 202

Tallahassee, Florida 32301

(eServed)

(Certified No. 7019 2280 0001 7689 4163)

Wilbert R. Vancol, Esquire

M cEwan, Martinez, Dukes & Hall, P.A.

108 East Central Boulevard

Orlando, Florida 32806

(eServed)

(Certified No. 7019 2280 0001 7689 4170)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallaha ssee, Florida 32399 - 3275

(Certified No. 7019 2280 0001 7689 4187)

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 2280 0001 7689 4194)

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 Statutes.

Review proceedings are governed by the Florida Ru les 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, accompan ied 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).