21-000459F Whitnie Padron, As Parent And Natural Guardian Of Landen Padron, A Minor vs. Florida Birth- Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Monday, May 10, 2021.

Summary: Final Order entered approving stipulation for award of attorney's fees.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

W HITNIE P ADRON , A S P ARENT A ND

N ATURAL G UARDIAN OF L ANDEN P ADRON ,

A M INOR ,

Petitioner ,

vs. Case No. 21 - 0459F

F LORIDA B IRTH - R ELATED

N EUROLOGICAL I NJURY C OMPENSATION

A SSOCIATION ,

Respondent ,

and

R ACHEL A. L AMBERT , M.D.; A ND

M ORTON P LANT H OSPITAL A SSOCIATION ,

I NC ., D/B/A M ORTON P LANT H OSPITAL ,

Intervenor .

/

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

A TTOR NEY ' S F EES U NDER S ECTION 766.31

This cause came for consideration pursuant to sections 766.304 ,

7 66.305(7), and 766.31, Florida Statutes, on the Stipulation and Joint

Petition for Compensation of Attorney ' s Fees (the " Stipulation " ) filed with the

Divisio n of Administrative Hearings ( " DOAH " ) on May 5, 2021. The

Stipulation requests entry of an order for the reimbursement of attorney ' s

fees for services rendered in the filing of a claim for benefits under sections

766 .301 - .316. See Padron v. Fla . Birth - Rela ted Neurological Injury

Compensation Ass . , Case No. 18 - 6737N (Fla. DOAH Oc t. 13, 2020) .

In the underlying case, Landon Padron was determined to have suffered a

" birth - related neurological injury " as that term is defined in section

766.302(2) , as well as t o be eligible for an award of compensation under

section 766.31. Thereafter, a F inal O rder was ent ered approving the

resolution of Petitioner ' s claim for benefits in accordance with the provisions

of chapter 766 . Included in that F inal O rder, Petitioner wa s a ward ed

reasonable attorney ' s fees from the Florida Birth - Related Neurological Injury

Compensation Association ( " NICA " ) pursuant to section 766.31(1)(c). DOAH

retained jurisdiction to determine and/or resolve any disputes regarding the

amount of attorney ' s fees to which Petitioner is entitled.

Based on the forgoing, it is O RDERED that :

1. The Stipulation filed on May 5 , 2021, is hereby approved, and the

parties are directed to comply with the provisions of the Stipulation.

2. NICA shall reimburse Petiti oner ' s counsel, Carlos Diez - Arguelles,

Esquire, and the law firm of Diez - Arguelles & Tejedor, agreed - upon

attorney ' s fees of Ten Thousand Dollars ($1 0 , 0 00.00), pursuant to section

766.31(1)(c), for services rendered in the filing of Petitioner ' s NICA claim .

3 . Upon NICA ' s payment of attorney ' s fees, as well as the other

compensation awarded in the underlying matter under section 766.31(1) ,

Petitioner ' s claims shall be deemed fully satisfied and extinguished, except

for NICA ' s continuing obligation under sec tion 766.31(2) to pay future

expenses as incurred.

4 . 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 RD ERED this 10 th day of May , 2021 , in Tallahassee, Leon

County, Florida.

S

J. B RUCE C ULPEPPER

Administrative Law Judge

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 10 th day of May , 2021 .

C OPIES F URNISHED :

( via c ertified m ail )

Elizabeth A. Myers, Esquire Kenney Shipley, Executive Director

Smith Bigman Brock, P.A. Florida Birth - Related Neurological

444 Seabreeze Boulevard Injury Compensation Association

Daytona Beach, Florida 32118 Suite 1

(Certified No. 7019 1640 0 000 2306 3040) 2360 Christo pher Place

Tallahassee, Florida 32308

Maria D. Tejedor, Esquire (Certified No. 7020 2450 0000 1053 8287 )

Diez - Arguelles & Tejedor

505 North Mills Avenue Jennifer Nicole Edwards, Esquire

Orlando, Florida 32803 Bush, Graziano, Rice & Platter, P.A.

(Certified No. 7019 604 0000 2306 3057 ) Suite 1400

100 South Ashley Drive

Mindy McLaughlin, Esquire Tampa, Florida 33602

Beytin McLaughlin Et al. (Certified No. 7020 2450 0000 1053 8294 )

1706 East Eleventh Avenue

Tampa, Florida 33605 Whitnie Padron

( Certified No. 7020 2450 0000 1053 8263 ) 2860 Vernon Terrace

Largo, Florida 33770

Carissa Brumby, Esquire (Certified No. 7020 2450 0000 1053 8300 )

Beytin, McLaughlin, Mclaughlin, O ' Hara,

Bocchino & Bolin, P.A.

1706 East Eleventh Avenue

Tampa, Florida 33605

(Certified No. 7020 2450 0000 1053 8256 )

H. Hamilton Rice, III, Esquire Gabrielle Osborne, Esquire

Bush, Graziano, Rice & Platter, P.A. Beytin, McLaughlin, McLaughlin, O ' Hara,

100 South Ashley Drive , Suite 1400 Kinman & Bocchino, P.A.

Tampa, Florida 33602 1706 East Eleventh Avenue

(Certified No. 7020 2450 0000 1053 8270) Tampa, Florida 33605

(Certified No. 702 0 2450 0000 1053 8317 )

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

A party who is adversely affected by this Final Order is entitled to judicial

review pursuant to section 120.68, 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

agency clerk of the Division of Administrative Hearings within 30 days of

rendition of the order to be reviewed, and a copy of the notice, accompanie d

by any filing fees prescribed by law, with the clerk of the d istrict c ourt of

a ppeal in the appellate district where the agency maintains its headquarters

or where a party resides or as otherwise provided by law.