STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

REBECCA RIVERA AND HECTOR RIVERA, INDIVIDUALLY AND AS NATURAL PARENTS AND GUARDIANS OF EVERLEIGH RIVERA, A MINOR,

Petitioners,

Case No. 19-6417N

vs.

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent, and

ADVENTIST HEALTH SYSTEM/SUNBELT, INC., D/B/A WINTER PARK MEMORIAL HOSPITAL; STEVEN L. DUKES, M.D., AND WOMEN’S CARE FLORIDA,

Intervenors.

/

FINAL ORDER

On April 2, 2020, Petitioners Rebecca Rivera and Hector Rivera, Individually and as Natural Parents and Guardians of Everleigh Rivera, a Minor, Respondent Florida Birth-Related Neurological Injury Compensation Association, and Intervenors Adventist Health System/Sunbelt Inc., d/b/a

Winter Park Memorial Hospital, Steven L. Dukes, M.D., and Women’s Care Florida, filed a 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”). 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

FINDINGS OF FACT

Based upon the Stipulation and Joint Petition, the undersigned makes the following findings of fact:

1. Rebecca Rivera and Hector Rivera (“Petitioners”) are the parents and legal guardians of Everleigh Rivera (“Everleigh”) and are the “claimants,” as defined in section 766.302(3), Florida Statutes.

2. Everleigh suffered a “birth-related neurological injury” (“Injury”), as defined in section 766.302(2), on or about February 16, 2018. The Injury solely and proximately caused Everleigh’s current medical condition.

3. At birth, Everleigh weighed 3400 grams.

4. Steven Dukes, M.D., rendered obstetrical services in the delivery of Everleigh and, at all material times, was a “participating physician,” as defined in section 766.302(7).

5. Adventist Health System/Sunbelt, Inc., d/b/a Winter Park Memorial Hospital (“Advent Health Winter Park”), located in Orlando, Florida, is the “hospital,” as defined in section 766.302(6), where Everleigh was born.

6. On November 22, 2019, Petitioners filed a petition seeking compensation from the Florida Birth-Related Neurological Injury Compensation Association (“NICA”), pursuant to section 766.305, Florida Statutes. 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 Birth-Related Neurological Injury Compensation Plan (“Plan”).

   
   

   
   

   1 All references to the Florida Statutes are to the 2017 version. The relevant provisions of chapter 766 have not been amended in any way material to this proceeding since 2017.

   
   

   CONCLUSIONS OF LAW

7. The Division of Administrative Hearings (“DOAH”) has jurisdiction over the parties and exclusive jurisdiction over the subject matter of these proceedings pursuant to section 766.304, Florida Statutes.

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.

CONCLUSION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby

ORDERED:

1. The Stipulation and Joint Petition, filed on April 2, 2020, is approved and the parties are directed to comply with the provisions thereof.

2. Petitioners, Rebecca Rivera and Hector Rivera, as the parents and legal guardians of Everleigh Rivera, are awarded One Hundred Thousand Dollars ($100,000.00), to be paid to Petitioners as periodic payments, pursuant to section 766.31(1)(b), Florida Statutes. Petitioners are also awarded payment of benefits as authorized in section 766.31(1)(a), subject to the provisions of paragraph 19 of the parties’ Stipulation and Joint Petition.

3. NICA will reimburse Hector More’, Esquire, counsel for Petitioners, an agreed-upon attorney’s fee of Twelve Thousand Five Hundred Dollars ($12,500.00) and expenses of Four Thousand Two Hundred Twenty-Six Dollars and Thirty Cents ($4,226.30), totaling Sixteen Thousand Seven Hundred Twenty-Six Dollars and Thirty Cents ($16,726.30) in full, for services rendered in the filing of this claim.

4. Upon the payment of the award of $100,000.00, past benefits/expenses, and the total attorney’s fees awarded to Petitioners’ counsel, Petitioners’ claims alleged in their Petition shall be deemed fully satisfied and

   
   

   extinguished, except for NICA’s continuing obligation to pay future expenses as incurred, as required by section 766.31(2).

5. DOAH 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 13th day of April, 2020, in Tallahassee, Leon County, Florida.

S

ANDREW D. MANKO

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 13th day of April, 2020.

COPIES FURNISHED:

(via certified mail)

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

2360 Christopher Place

Tallahassee, Florida 32308 (eServed)

(Certified No. 7019 2280 0000 5623 6342)

Hector Antonio More’, Esquire Morgan and Morgan, P.A.

16th Floor

20 North Orange Avenue Orlando, Florida 32801 (eServed)

(Certified No. 7019 2280 0000 5623 6359)

Travase Lloyd Erickson, Esquire Saalfield Shad, PA

Suite 400

245 Riverside Avenue

Jacksonville, Florida 32202 (eServed)

(Certified No. 7019 2280 0000 5623 6366)

Gabrielle Osborne, Esquire Beytin, McLaughlin, McLaughlin,

O'Hara, Kinman & Bocchino, P.A. 1706 East Eleventh Avenue Tampa, Florida 33605

(eServed)

(Certified No. 7019 2280 0000 5623 6373)

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

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

(Certified No. 7019 2280 0000 5623 6380)

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 2280 0000 5623 6397)

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: 19-006417N

Orders for Case No: 19-006417N