STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ALEXANDRA N. GRATCHEV AND JUSTIN SHERRARD, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF ANASTASIA SHERRARD, A MINOR, DECEASED,

Petitioners,

vs.

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent.

/

Case No. 20-1793N

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 (DOAH) on

May 12, 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, Petitioners, Alexandra N. Gratchev and Justin Sherrard, as parents and natural guardians of Anastasia Sherrard, a minor, and Respondent, the Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Alexandra N. Gratchev and Justin Sherrard are the parents of Anastasia Sherrard (Anastasia), a

minor; that Anastasia was born a live infant on or about January 17, 2019, at UF Health Jacksonville, a “hospital,” as defined by section 766.302(6), located in Jacksonville, Florida; and that Anastasia’s birth weight exceeded 2,500 grams. Anastasia died shortly after birth on January 17, 2019. The parties have further agreed that Gregory Kainz, M.D., provided obstetrical services at Anastasia’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 Anastasia suffered a “birth- related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of her death. It is

ORDERED:

1. The Stipulation and Joint Petition filed on May 12, 2020, is hereby approved, and the parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Alexandra N. Gratchev and Justin Sherrard, as the parents and legal guardians of Anastasia, 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 and consistent with paragraph 13(a) of the Stipulation and Joint Petition; a death benefit of ten thousand dollars ($10,000.00), pursuant to section 766.31(1)(b)2., and consistent with paragraph 13(b) of the Stipulation and Joint Petition; 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 20 of the Stipulation and Joint Petition; and payments of future expenses, as incurred.

3. NICA shall reimburse Grant Kuvin, Esquire, an agreed upon attorney’s fee of fourteen thousand dollars ($14,000.00), and expenses of one thousand four hundred one dollars and twenty-seven cents ($1401.27); totaling fifteen

   
   

   thousand four hundred one dollars and twenty-seven cents ($15,401.27) for services rendered in the filing the claim.

4. Upon the payment of the award of $100,000.00, $10,000.00 death benefit, past benefits/expenses, and attorney’s fees and expenses of

   $15,401.27, 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 1st day of June, 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 1st day of June, 2020.

COPIES FURNISHED:

(via certified mail)

Grant A. Kuvin, Esquire Morgan & Morgan

Suite 1100

76 South Laura Street Jacksonville, Florida 32202 (eServed)

(Certified No. 7019 2280 0001 7689 4767)

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

2360 Christopher Place

Tallahassee, Florida 32308 (eServed)

(Certified No. 7019 2280 0001 7689 4774)

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 2306 3514)

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 2306 3521)

Gregory Kainz, D.O.

UF Health Womens Specialists – N Suite 4400

15255 Max Leggett Parkway Jacksonville, Florida 32218

(Certified No. 7019 1640 0000 2306 3538)

UF Health Shands Jacksonville Attention: Risk Management 655 8th Street West Jacksonville, Florida 32209

(Certified No. 7019 1640 0000 2306 3545)

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: 20-001793N

Orders for Case No: 20-001793N