21-002512N Jorge Rodriguez And Maeva Da Ru-Rodriguez, Individually And As Parents And Next Friends Of Meilee Rodriguez, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, October 8, 2021.

Summary: Final order issued based on stipulation that child suffered birth-related neurological injury.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

J ORGE R ODRIGUEZ A ND M AEVA D A R U -

R ODRIGUEZ , I NDIVIDUALLY A ND A S

P ARENTS A ND N EXT F RIENDS OF M EILEE

R ODRIGUEZ , A M INOR ,

Petitioners , Case No. 21 - 2512N

vs.

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPENSATION A SS OCIATION ,

Respondent .

/

F INAL O RDER

On October 6, 202 1 , Petitioners , Jorge Rodriguez and Maeva Da Ru -

Rodriguez (ÑPetitionersÒ) , individually and as parents a nd next friends of

Meilee Rodriguez (ÑMeileeÒ) , a minor , and Respondent , Florida Birth - Related

Neurological Injury Compensation Association (ÑNICAÒ) , filed a Stipulation

and Joint Petition for Compensation of Claim Arising Out of Florida Birth -

Related Neur ological Injury Pursuant to Chapter 766, Florida Statutes

(ÑStipulation and Joint PetitionÒ). The Parties jointly seek the entry of an

order approving the resolution of the claim for benefits, consistent with the

provisions of chapter 766, Florida Statutes . 1

F INDINGS OF F ACT

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

following Findings of F act:

1. Petitioners are the parents of Meilee and are the Ñclaimants,Ò as defined

in section 766.302(3), Florida Statutes .

1 All references to the Florida Statutes are to the 2 021 version.

2. Meilee suffer ed a Ñbirth - related neurological injuryÒ (ÑInjuryÒ), as

defined in section 766.302(2), on or about July 26, 2020 .

3. At birth, Meilee weighed 3, 440 grams.

4. Richard B. Jamison , M.D., rendered obstetrical services in the delivery

of Meilee and, at all mat erial times, was a Ñparticipating physician,Ò as

defined in section 766.302(7).

5. Morton Plant Hospital , located in Clearwater , Florida, is the Ñhospital,Ò

as defined in section 766.302(6), where Meilee was born.

6. On August 3, 202 1 , Petitioners filed a petition seeking compensation

from NICA, pursuant to section 766.305. The Petition is incorporated herein

by reference in its entirety, including all attachments. Any reference to NICA

made within that document encompasses, where appropriate, the Florida

B irth - Related Neurological Injury Compensation Plan (ÑPlanÒ).

C ONCLUSIONS OF L AW

7. The Division of Administrative Hearings (ÑDOAHÒ) has jurisdiction over

the parties and exclusive jurisdiction over the subject matter of these

proceedings pursuant to secti on 766.304 .

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:

9 . The Stipulation and Joint Petition, filed on October 6, 2021, is approved

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

10 . Petitioners are awarded Two Hundred Fifty Thousand Dollars

($ 250 ,000.00), to be paid as a lump sum , pursuant to section 766.31(1)( d ) 1.a .

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.

11 . NICA will reimburse Bounds Law Group, counsel for Petitioners, an

agreed - upon attorneyÔs fee of Twelve Thousand Five Hundred Dollars

($1 2,5 00.00) and expenses of One Hundred Fifty - Four Dollars and Ninety -

Five Cents ( $ 154.95 ), totaling Twelve Thousand Six Hundred and Fifty - Four

Dollars and Ninety - Five Cents ($ 1 2 , 654.95 ) in full, for services rendered in

the filing of this claim.

12 . Upon the payment of the award of $ 250 ,000.00, past benefits/expenses,

and the total attorneyÔs fees and expenses awarded to PetitionersÔ counsel,

PetitionersÔ claims alleged in their Petition shall be deemed fully satisfied

and extinguished, except for NICAÔs continuing obligation to pay future

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

13 . DOAH retains jurisdiction over 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 8th day of October , 2021 , in Tallahassee, Leon

County, Florida.

S

A NDREW D. M ANKO

Administ rative 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 8th day of October , 2021 .

C OPIES F URNISHED :

(via certified mail)

Amie Ric e, 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. 7020 2450 0000 1053

( Certified No. 7020 2450 0000 1058 8409)

5342)

Thoma s 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. 7020 2450 0000 1053

(Certified No. 7020 2450 0000 1058 8393)

5359)

Kenney Shipley, Executive Director

Allison C. McMillen, Esquire Florida Birth - Related Neurological

Bounds Law Group Injury Compensation Asso ciation

1751 North Park Avenue Post Office Box 14567

Winter Park, Florida 32751 Tallahassee, Florida 32317

(Certified No. 7020 2450 0000 1058 (Certified No. 7020 2450 0000 1053

5366) 8386)

Richard Jamison, M.D. Morton Plant Hosp ital

1950 Arlington S treet, Suite 203 Attention: Risk Management

Sarasota, Florida 3 4239 300 Pinellas Street

(Certified No. 7020 2450 0000 1053 Clearwater, Florida 33756

8416) (Certified No. 7020 2450 0000 1053

7556)

N OTICE OF R IG HT 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. S uch proceedings are commenced by filing the original n otice of

a dministrative a ppeal 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).