20-003361N Sheina Caraballo And Luis Gotay, As Parents And Natural Guardians Of Leina Gotay, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, October 13, 2020.

Summary: The parties' Stipulation and Joint Petition is approved.

F INDINGS OF F ACT

Based on the Stipulation of the Parties, the following facts are found:

1. Petitioners are the parents and legal guardians of Leina Gotay (Leina),

and are the “Claim ants” as defined by section 766.302(3).

2. Leina incurred a “birth - related neurological injury” as that term is

defined in section 766. 302(2).

3. At birth, Leina weighed 2,750 grams.

4. B. Vereen Chithriki, M.D., rendered obstetrical services in the delive ry

of Leina and, at all times material to this proceeding, was a “participating

physician” as defined in section 766.302(7).

5. Baptist Medical Center South is a hospital located in Jacksonville,

Florida, and is the “hospital” as that term is defined in se ction 766.302(6),

where Leina was born.

6. Petitioners filed a Petition for Benefits pursuant to section 766.305,

seeking compensation from NICA, and that Petition for Benefits is incorporated by reference in its entirety, including all attachments. Any re ference made within this document to NICA encompasses, where

appropriate, the Florida Birth - Related Neurological Injury Compensation

Plan (the Plan).

C ONCLUSIONS OF L AW

7. The Division of Administrative Hearings has jurisdiction over the

subject matter an d the parties to this proceeding pursuant to section 766.301.

8. Section 766.305(7) requires the presiding administrative law judge to

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

is compensable.

C ONCLUSION

Based on the Findi ngs of Fact and Conclusions of Law, it is

ORDERED:

1. The Stipulation and Joint Petition filed September 24, 2020, is

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

Stipulation and Joint Petition.

2. Petitioners, Sheina Cara ballo and Luis Gotay, as the parents and legal

guardians of Leina Gotay, are awarded one hundred thousand dollars ($100,000), to be paid to the parents as periodic payments, as authorized by

section 766.31(1)(b).

3. Payment of benefits up to and including the effective date of this Final

Order, authorized pursuant to section 766.31(1)(a), shall be subject to the provisions of paragraph 19 of the Stipulation and Joint Petition.

4. NICA will reimburse Hardesty, Tyde, Green & Ashton, P.A., an agreed -

upon atto rney’s fee of Ten Thousand Dollars ($10,000) and expenses of Five

Hundred Dollars ($500), totaling Ten Thousand Five Hundred Dollars

($10,500) in full, for services rendered with respect to this proceeding.

5. Upon the payment of the payments outlined in t he Stipulation and

Joint Petition and approved in this Final Order, Petitioners’ claims shall be deemed fully satisfied and extinguished.

6. NICA will pay Petitioners future expenses as incurred, pursuant to

section 766.31(2). Any dispute with respect to payment of future expenses will be resolved as agreed in paragraph 22 of the Stipulation and Joint Petition.

7. 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 Final Order.

D ONE A ND O RDERED this 1 3 th day of October , 2020 , in Tallahassee, Leon

County, Florida.

L ISA S HEARER N ELSON

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 1 3 th day of October , 2020 .

C OPIES F URNISHED :

(via certified mail)

Frank A. Asht on, Esquire

Hardesty, Tyde, Green and Ashton, P.A.

Suite 703

320 North 1st Street

Jacksonville Beach, Florida 32250

(eServed)

(Certified Mail No. 7019 2970 0000 6014 1874 )

Kevin W. Moore, Esquire

Hardesty, T yde, Green & Ashton, P.A.

Suite 703

320 North F irst Street

Jacksonville Beach, Florida 32250

(eServed)

(Certified Mail No. 7019 2970 0000 6014 1881 )

Kenney Shipley, Executive Director

Florida Birth - Related Neurological

Injury Compensation Association

Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7019 2970 0000 6014 1898 )

Earl E. Googe, Jr., Esquire

Smith, Hulsey and Busey

Suite 3300

One Independent Drive

Jacksonville, Florida 32202

(eServed)

(Certified Mail No. 7019 2970 0000 6014 1904 )

Megan R. Hei den, Esquire

Smith , Hulsey & Busey

Suite 3300

One Independent Drive

Jacksonville, Florida 32202

(eServed)

(Certified Mail No. 7019 2790 0000 6014 1911 )

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bi n C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7019 2790 0000 6014 1928 )

Mary C. Mayhew, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified M ail No. 7019 2790 0000 6014 1935 )

B. Veerendra Chithriki, M.D.

Suite 1509

13241 Bartram Park Boulevard

Jacksonville, Florida 32258 - 5231

(Certified Mail No. 7019 2790 0000 6014 1942 )

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), Florida Statutes.

Review proceedings are governed by the Florida Rules of Appellate

Procedure. Such proceedings are commenced by filing the origina l 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).