STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARK OSTROVSKIY AND EVGENIA OSTROVSKAYA, INDIVIDUALLY AND AS PARENTS AND NEXT FRIENDS OF VLADISLAV OSTROVSKIY, A MINOR,

Petitioner,

Case No. 19-5951N

vs.

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent.

/

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 March 18, 2020, 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 and Joint Petition, Petitioners, Mark Ostrovskiy and Evgenia Ostrovskaya, as parents and natural guardians of Vladislav Ostrovskiy, a minor, and Respondent, the Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Mark Ostrovskiy and Evgenia Ostrovskaya are the parents of Vladislav Ostrovskiy (Vladislav), a minor; that Vladislav was born a live infant on or

about September 17, 2017, at Mount Sinai Medical Center, a “hospital,” as defined by section 766.302(6), located in Miami Beach, Florida; and that Vladislav’s birth weight exceeded 2,500 grams. The parties have further agreed that Jeff T. Moise, M.D., provided obstetrical services at Vladislav’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 Vladislav suffered a “birth-related neurological

injury,” as that term is defined by section 766.302(2). It is ORDERED:

1. The Stipulation and Joint Petition filed on March 18, 2020, is hereby approved, and the parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Mark Ostrovskiy and Evgenia Ostrovskaya, as the parents and legal guardians of Vladislav, a minor, are awarded one hundred thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be

   paid as a lump sum to the parents; 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; and payments of future expenses, as incurred.

3. NICA will reimburse McMillen Law Firm, P.A., attorneys for Petitioners, an agreed-upon attorney’s fee of $12,500.00 and expenses of

   $141.76, totaling $12,641.76 in full, for services rendered in the filing of this claim.

4. Upon the payment of the award of $100,000.00 for past benefit/expenses, and $12,641.76 for attorney’s fees and costs, the claims of Petitioners shall be deemed fully satisfied and extinguished, except for Respondent's continuing obligation under section 766.31(2) to pay future expenses, as incurred.

   
   

5. 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 26th day of March, 2020, 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 26th day of March, 2020.

COPIES FURNISHED:

(via certified mail)

Allison C. McMillen, Esquire McMillen Law Firm, P.A. Suite 105

163 East Morse Boulevard Winter Park, Florida 32789 (eServed)

(Certified No. 7019 1640 0000 2208 6477)

Kenney Shipley, Executive Director Florida Birth-Related Neurological Injury Compensation Association Suite 1

2360 Christopher Place

Tallahassee, Florida 32308 (eServed)

(Certified No. 7019 1640 0000 2208 6484)

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275

(Certified No. 7019 1640 0000 2208 6491)

Mary C. Mayhew, Secretary Health Quality Assurance

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

Tallahassee, Florida 32308 (eServed)

(Certified No. 7019 1640 0000 2208 6507)

Jeff Moise, M.D.

No. 940

4302 Alton Road

Miami Beach, Florida 33140

(Certified No. 7019 1640 0000 2208 6514)

Mount Sinai Medical Center Attention: Risk Management 4300 Alton Road

Miami Beach, Florida 33140

(Certified No. 7019 1640 0000 2306 2500)

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: 19-005951N

Orders for Case No: 19-005951N