STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RUTH JOSEPH and JEAN-RENEAU

JACQUES, individually and as parents
of REGINALD JACQUES,
deceased,

Petitioner, DOAH CASE NO.:

vs.

FLORIDA BIRTH-RELATED
NEUROLOGICAL INJURY
COMPENSATION ASSOCIATION,

Respondent.
_______________________________/

PETITION FOR DETERMINATION OF NICA COVERAGE

Petitioners, Ruth Joseph and Jean-Reneau Jacques, individually and as parents

of Reginald Jacques, deceased, through their undersigned attorney, file this petition

for determination of coverage under the Florida Birth-Related Neurological Injury

Compensation Plan, and would show:

1. Reginald Jacques was born on June 15, 2016 at Winnie Palmer Hospital

for Women and Babies in Orlando, Orange County, Florida. The street address of

Winnie Palmer Hospital is 83 West Miller Street, Orlando, Florida 32806.

2. Ruth Joseph and Jean-Reneau Jacques are the natural parents of

Reginald Jacques.

Filed December 22, 2016 3:19 PM Division of Administrative Hearings

 3. At the time of Reginald’s birth, Ricardo Lopez, M.D. was present and

providing obstetrical services. On information and belief, at all times material Dr.

Lopez was a participating provider under the Neurological Injury Compensation

Plan. Dr. Lopez’s professional address is 7472 Doc’s Grove Circle, Orlando, Florida

32819.

4. At the time of his birth, Reginald Jacques weighed 4580 grams. He

was delivered vaginally using vacuum extraction, after four pulls. Reginald’s

APGAR scores were 0 at one minute, 0 at five minutes, and 2 at ten minutes.

Reginald was intubated and received chest compressions and four doses of

epinephrine. His cord blood pH was 6.96. Reginald was transferred to the NICU

on a ventilator, and underwent therapeutic hypothermia for 72 hours. Reginald was

subsequently diagnosed with severe hypoxic ischemic encephalopathy.

5. On September 19, 2016, while still a patient at Winnie Palmer Hospital,

Reginald passed away from complications of his neurological injuries.

6. Reginald Jacques sustained a “birth-related neurological injury” as

defined by §766.302, Florida Statutes, in that he sustained an injury to his brain

caused by oxygen deprivation or mechanical injury occurring in the course of labor,

delivery, or resuscitation in the immediate post-delivery period, in the hospital,

which caused his death.

WHEREFORE, Petitioners request the following relief:

 a. A death benefit in the amount of $10,000.

b. A lump sum parental award in the amount of $100,000 to the parents.

c. Reasonable expenses and attorney fees incurred in connection with the

filing of this claim.

d. All other compensation to which Petitioners may be entitled pursuant

to the provisions of §§ 766.301-766.316, Florida Statutes.

DATED this 22nd day of December, 2016.

/s/ Allison C. McMillen

Allison C. McMillen, Esquire
Florida Bar No.: 50222
McMillen Law Firm, P.A.
608 East Central Blvd.
Orlando, Florida 32801
407-843-0126/Fx: 407-849-1267
mcmillenservice@outlook.com
billie@mcmillenlawfirm.com
allison@mcmillenlawfirm.com
Attorneys for Petitioners