STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GABRIELLE CORDEIRO, INDIVIDUALLY AND AS PARENT AND NEXT FRIEND OF ROMAN CORDEIRO NELSON, A MINOR,

vs.

Petitioner,

Case No. 19-4600N

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent, and

Halifax Hospital Medical Center, D/B/A Halifax Health Medical Center; And Billy

L. Duke, M.D.,

Intervenors.

/

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 January 27, 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, Petitioner, Gabrielle Cordeiro as parent and next friend of Roman Cordeiro Nelson, a minor, and Respondent, the Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Gabrielle Cordeiro is the parent and legal guardian of Roman Cordeiro Nelson (Roman), a minor; that Roman was born a live infant on or about May 24, 2018, at Halifax Health Medical Center, a “hospital” as defined by section 766.302(6) located in Daytona Beach, Volusia County, Florida; and that Roman’s birth weight exceeded 2,500 grams. The Parties have further agreed that Billy L. Duke, M.D., provided obstetrical services at Roman’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 Roman suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Roman's current medical condition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on January 27, 2020, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioner, Gabrielle Cordeiro, as the parent and next friend of Roman, a minor, is 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 parent; 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, A Professional Association, attorneys for Petitioner, an agreed-upon attorney’s fee of $12,500.00 and expenses of $109.55, totaling $12,609.55 in full for services rendered in the filing of this claim.

   
   

4. Upon the payment of the award of $100,000.00, past benefit/expenses, and $12,609.55 for attorney’s fees and costs, the claims of Petitioner 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 28th day of February, 2020, in Tallahassee, Leon County, Florida.

S

W. DAVID WATKINS 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 28th day of February, 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 Mail No. 7019 1640 0000 2306 2555)

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

608 East Central Boulevard Orlando, Florida 32801 (eServed)

(Certified Mail No. 7019 1640 0000 2306 2562)

Bradley P. Blystone, Esquire Marshall, Dennehey, Warner, Coleman and Goggin

Suite 550

315 East Robinson Street Orlando, Florida 32801 (eServed)

(Certified Mail No. 7019 1640 0000 2306 2579)

Christina M. Benitez, Esquire Rissman, Barrett, Hurt, Donahue McLain & Mangan, P.A.

Suite 1100

1 North Dale Mabry Highway Tampa, Florida 33609 (eServed)

(Certified Mail No. 7019 1640 0000 2306 2586)

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

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

(Certified Mail No. 7019 1640 0000 2306 2593)

Mary C. Mayhew, Secretary Health Quality Assurance

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

Tallahassee, Florida 32308 (eServed)

(Certified Mail No. 7019 1640 0000 2306 2609)

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: 19-004600N

Orders for Case No: 19-004600N