STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SHERRI SAVAGE and MARIO CRUZ,

individually and as parents of MATEO CRUZ, deceased,

Petitioners,

vs.

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent.

/

Case No. 19-2176N

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”), filed with the Division of Administrative Hearings on July 16, 2019, 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, Sherri Savage and Mario Cruz, individually and as parents of Mateo Cruz, and Respondent, the Florida Birth-Related Neurological Injury

Compensation Association (“NICA”), have agree that Sherri Savage and Mario Cruz are the parents and legal guardians of Mateo Cruz (“Mateo”), who is now deceased; that Mateo was born a live infant on or about October 26, 2018, at AdventHealth Orlando (formerly known as Florida Hospital Orlando), a “hospital” as defined by section 766.302(6) located in Orlando, Florida; and that Mateo’s birth weight exceeded 2,500 grams. The parties further agree that Scott Boone, M.D., provided obstetrical services at Mateo’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 agree that Mateo suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Mateo’s death.

It is ORDERED:

1. The Stipulation filed on July 16, 2019, is hereby approved, and the parties are directed to comply with the provisions of the Stipulation.

2. Petitioners, Sherri Savage and Mario Cruz, as the parents and legal guardians of Mateo (deceased), are awarded one hundred thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be paid as a lump sum;

3. Petitioners, Sherri Savage and Mario Cruz, as the parents and legal guardians of Mateo (deceased), are awarded a death

benefit in the amount of ten thousand dollars ($10,000.00), to be paid as a lump sum;

1. NICA will reimburse the McMillen Law Firm, legal counsel for Petitioners, agreed-upon attorney’s fees of $10,000.00 and expenses of $397.48, totaling $10,397.48, in full, for services rendered in the filing of this claim.

2. Upon NICA’s payment of the award of $100,000.00, a death benefit of $10,000, as well as $10,397.48 for attorney’s fees and costs, Petitioners’ claims shall be deemed fully satisfied and extinguished.

3. 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 23rd day of July, 2019, in Tallahassee, Leon County, Florida.

S

J. BRUCE CULPEPPER 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 23rd day of July, 2019.

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association

Tana D. Storey, Esquire Rutledge Ecenia, P.A.

119 South Monroe Street, Suite 202 Tallahassee, Florida 32301 (eServed)

(Certified No. 7017 2400 0000 8929 6799)

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

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

(Certified No. 7017 2400 0000 8929 6805)

Mary C. Mayhew, Secretary Health Quality Assurance

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

Tallahassee, Florida 32308 (eServed)

(Certified No. 7017 2400 0000 8929 6812)

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: 19-002176N

Orders for Case No: 19-002176N