21-001076N Mahetab Negm And Amr Elsobky O/B/O Muhammed Elsobky, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, August 11, 2021.

Summary: Final Order approving Stipulation for NICA compensation.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

M AHETAB N EGM A ND A MR E LSOBKY O / B / O

M UHAMMED E LSOBKY , A D ECEASED

M INOR ,

Petitioners ,

vs. Case No. 21 - 1076N

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPENSATION A SSOCIATION ,

Respondent,

and

H USSAIN E SMAI L - R AWJI , M.D .,

Intervenor .

/

F INAL O RDER A PPROVING S TIPULATION F OR E NTRY O F A WARD

This cause came on for consideration pursuant to sections 766.304

and 7 66.305, Florida Statutes, upon the Stipulation and Joint Petition for

Compensation of Claim Arising Out of Florida Birth - Related Neurological

Injury Pursuant to Chapter 766, Florida Statutes (Stipulation and Joint

Petition), filed with the Division of Admi nistrativ e Hearings (DOAH) on

July 30, 2021 , for the entry of an order approving the resolution of a claim for

compensation benefits filed in accordance with the provisions of chapter 766,

and a resolution of the exclusive remedy otherwise available as ou tlined in

chapter 766.

By the terms of their S tipulation and Joint Petition , Petitioners, Mahetab

Negm and Amr Elsobky , as parents and guardians of Muhammed Elsobky , a

deceased minor, and Respondent, the Florida Birth - Related Neurological

Injury Compensat ion Association (NICA), have agreed that Mahetab Negm

and Amr Elsobky are the parents and legal guardians of Muhammed Elsobky

(Muhammed) ; that Muhammed was born a live infant on June 1, 2020 ; that

MuhammedÔs birth weight exceeded 2,500 grams ; and that Muha mmed

died on June 1, 2020 . The parties have further agreed that Hussain

Esmail - Rawji, M.D., provided obstetrical services at MuhammedÔs delivery ,

at Advent H ealth Dadeland ; that Dr. Esmail - Rawji was a Ñparticipating

physicianÒ in the Florida Birth - Related Neurological Injury Compensation

Plan ; and that Adventhealth Dadeland was a hospital, as defined by

section 766.302(7). The parties have agreed that Muhammed suffered a

Ñbirth - related neurological injury,Ò as that term is defined by

section 766.302(2), which was the sole and proximate cause that led to

MuhammedÔs death .

It is O RDERED :

1. The Stipulation and Joint Petition filed on July 30, 2021 , is hereby

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

Stipulation and Joint Petition.

2. Petitioners, Mahetab Negm and Amr Elsobky , as the parents and legal

guardians of Muhammed , a minor, are awarded two hundred and fifty

thousand dollars ($ 250 ,000.00), pursuant to section 766.31(1)(b)1., and a

death benefit in the amount of fif ty thousand dollars ($50,000.00), pursuant

to section 766.31(1)(b)2., for a total of three hundred thousand dollars

($300,000.00), to be paid as a lump sum to the parents.

3. NICA will reimburse Brooke I. Charlan, Esquire, attorney for

Petitioners, an agre ed - upon attorneyÔs fee of twelve thousand five hundred

dollars ($12,500), and expenses of four thousand two hundred thirteen dollars

and forty - two cents ($4,213.42), for a total of sixteen thousand seven hundred

thirteen dollars and forty - two cents ($16,71 3.42).

4. Upon the full payment of the award of $ 300,000 .00, as outlined in

paragraph 2 . above, and $16,813.42, as outlined in paragraph 3 . above, the

claims of Petitioners shall be deemed fully satisfied and extinguished .

D ONE A ND O RDERED this 11th day o f August, 2021 , in Tallahassee, Leon

County, Florida.

S

R OBERT J. T ELFER III

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 Hear ings

this 11th day of August, 2021 .

C OPIES F URNISHED :

(via certified mail)

Amie Rice, Investigation Manager Simone Marstiller , Secretary

Consumer Services Unit Agency for Health Care Administration

Department of Health 2727 Mahan Drive, Mail Stop 1

4052 Bald Cypress Way, Bin C - 75 Tallahassee, Florida 32308

Tallahassee, Florida 32399 - 3275 (Certified No. 7011 3500 0003 3840 6476 )

(Certified No. 7011 3500 0003 3840 64 90 )

Thomas M. Hoeler, Esquire

Kim Kellum, Esquire Agency for Health Care Administration

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308

Tallahassee, Florida 32308 (Certified No. 7019 1640 0000 2209 2829 )

(Certified No. 7011 3500 0003 3840 6483 )

Br ooke India Charlan, Esquire

Jack Tobias Cook, Esquire Morgan & Morgan

Morgan & Morgan, P.A. Suite 1600

16th Floor 20 North Orange Avenue

20 North Orange Avenue Orlando, Florida 32801

Orlando, Fl orida 32801 (Certified No. 7019 1640 0000 2209 2843 )

(Certified No. 7019 1640 0000 2209 2836 )

Kenney Shipley, Executive Director Alan P. Mirelman, Esquire

Florida Birth - Related Neurological Beytin, McLaughlin, McLaughlin,

Injury Compensation Association O'Hara, Kinman & Bocchino, P.A.

Suite 1 1063 Maitland Center Commons Boulevard

2360 Christopher Place Maitland, Florida 32751

Tallahassee, Florida 32308 (Certified No. 7019 1640 0000 2209 2874 )

(Certified No. 7019 1640 0000 2209 2850 )

Shena L. Grantham, Esquire

Agency for Health Care Administration

Building 3, Room 3407B

2727 Mahan Drive

Tallahassee, Florida 32307

(Certified No. 7019 1640 0000 2209 2881)

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 76 6.311(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

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. As s'n v. Carreras , 598 So. 2d 299

(Fla. 1st DCA 1992).