STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ARIELLE M. RAMOS and EDWARD

GUTIERREZ, as parents and natural guardians of EASTON GUTIERREZ, a minor,

vs.

Petitioners,

Case No. 18-0500N

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent,

and

ADVENTIST HEALTH SYSTEM/SUNBELT, INC., d/b/a FLORIDA HOSPITAL CELEBRATION HEALTH,

Intervenor.

/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on for consideration pursuant to sections 766.304 and 766.305(7), 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 Administrative Hearings on October 17, 2018, 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 outlined in chapter 766.

By the terms of their stipulation, Petitioners, as parents and natural guardians of Easton Gutierrez, a minor, and Respondent, Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Arielle Ramos and Edward Gutierrez are the parents and legal guardians of Easton Gutierrez; that Easton Gutierrez was born a live infant on or about February 12, 2017, at Florida Hospital Celebration Health, a “hospital,” as defined by section 766.302(6) located in Celebration, Florida; and that Easton Gutierrez’s birth weight exceeded 2,500 grams. The parties have further agreed that Kristell Valverde, M.D., provided obstetrical services at Easton Gutierrez’s delivery and was a “participating physician” in the Florida Birth-Related Neurological Injury Compensation Plan, as defined by section 766.302(7). The parties have agreed that Easton Gutierrez suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of his medical condition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on October 17, 2018, is hereby approved, and the parties are directed to comply with the provisions of the Stipulation and Joint Petition.

   
   

2. Petitioners, Arielle Ramos and Edward Guiterrez, as the parents and legal guardians of Easton Guiterrez, a minor, are awarded one hundred thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be paid as periodic payments; and payment of benefits up to and including the effective date of the Stipulation and Joint Petition pursuant to section 766.31(1)(a), subject to the provisions of paragraph 19 of the Stipulation and Joint Petition.

3. Upon the payment of the award of $100,000.00, and past benefits/expenses, the claims of Petitioners shall be deemed fully satisfied and extinguished.

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.

DONE AND ORDERED this 18th day of October, 2018, in Tallahassee, Leon County, Florida.

S

TODD P. RESAVAGE

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 18th day of October, 2018.

COPIES FURNISHED:

(via certified mail)

Arielle M. Ramos Edward Gutierrez No. 101

820 Coastal Bay Lane Kissimmee, Florida 34741

(Certified Mail Number 7018 0040 0000 9779 0330)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

Justin Senior, Secretary Health Quality Assurance

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308 (eServed)

(Certified Mail Number 7018 0040 0000 9779 0385)

Kristell M. Valverde, M.D.

380 Celebration Place, Second Floor Celebration, Florida 34747

(Certified Mail Number 7018 0040 0000 9779 0392)

NOTICE OF RIGHT TO JUDICIAL REVIEW

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 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, 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).

Docket for Case No: 18-000500N

Orders for Case No: 18-000500N