09-000122N Roland Valcin And Wilguine Dessalines-Valcin, As Parents And Natural Guardians Of Emma Trini Valcin, Deceased, Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, April 29, 2009.

Summary: Final Order approving the association`s acceptance of the claim for compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROLAND VALCIN AND WILGUINE )

DESSALINES-VALCIN, AS PARENTS )

AND NATURAL GUARDIANS OF EMMA )

TRINI VALCIN, DECEASED, MINOR, )

)

Petitioners, )

)

vs. ) Case No. 09-0122N

)

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

)

Respondent, )

)

and )

)

MARTIN MEMORIAL MEDICAL CENTER, )

INC., )

)

Intervenor. )

)

FINAL ORDER APPROVING STIPULATION AND JOINT PETITION

FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH-RELATED

NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTES

This cause came on to be heard pursuant to Sections 766.304

and 766.305(7), Florida Statutes, upon the Stipulation and Joint

Petition of the parties, filed April 27, 2009, for the entry of

an order approving the resolution of a formal claim for

compensation benefits heretofore filed in this cause in

accordance with the provisions of Chapter 766, Florida Statutes,

and a resolution of the exclusive remedy otherwise available as outlined in Chapter 766, Florida Statutes.

By the terms of their stipulation, the parties have agreed

that Ronald Valcin and Wilguine Dessalines-Valcin are the

parents and natural guardians of Emma Trini Valcin (Emma), a

deceased minor; that Emma was born a live infant on January 10,

2008, at Martin Memorial Medical Center, a "hospital" as defined

by Section 766.302(6), Florida Statutes, located in Stuart,

Florida; that Emma's birth weight exceeded 2,500 grams; and that

Emma died January 18, 2008. The parties have further agreed

that Robert Pare, Jr., M.D., delivered obstetrical services at

Emma's birth, and at all times material hereto, was a

"participating physician" in the Florida Birth-Related

Neurological Injury Compensation Plan, as defined by Section

766.302(7), Florida Statutes. Finally, by their stipulation,

the parties have agreed that Emma suffered a "birth-related

neurological injury," as that term is defined by Section

766.302(2), Florida Statutes.

After due consideration of the interests of all parties,

and being otherwise fully advised in the premises, it is

ORDERED that:

1. The Stipulation and Joint Petition of the parties,

filed April 27, 2009, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioners, Roland Valcin and Wilguine Dessalines-

Valcin, as the parents and natural guardians of Emma Trini

Valcin, a deceased minor, are awarded One hundred thousand

dollars ($100,000.00), pursuant to Section 766.31(1)(b)1.,

Florida Statutes, and a death benefit of Ten thousand dollars

($10,000.00), pursuant to Section 766.31(1)(b)2., Florida

Statutes, all to be paid in lump sum.

3. Upon payment of the award of One hundred thousand

dollars ($100,000.00), a death benefit of Ten thousand dollars

($10,000.00), and attorney's fees and other expenses of Eleven

thousand six hundred sixty-eight dollars and fifty-one cents

($11,668.51), and past expenses, the claims of Petitioners

(Claimants) shall be deemed fully satisfied and extinguished.

No provision is made for the payment of future expenses, as Emma

is deceased.

4. 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 Final Order.

DONE AND ORDERED this 29th day of April, 2009, in

Tallahassee, Leon County, Florida.

WILLIAM J. KENDRICK

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone]

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 29th day of April, 2009.

COPIES FURNISHED :

(Via Certified Mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7008 3230 0001 6307 9166)

Jeffrey M. Fenster, Esquire

Fenster, Cohen & Sobol, P.A.

1391 Sawgrass Corporate Parkway

Sunrise, Florida 33323

(Certified Mail No. 7008 3230 0001 6307 9173)

Scott H. Michaud, Esquire

Michaud, Buschmann, Fox,

Ferrara & Mittelmark

621 Northwest 53rd Street, Suite 420

Boca Raton, Florida 33487

(Certified Mail No. 7008 3230 0001 6307 9180)

Charlene Willoughby, Director

Consumer Services Unit - Enforcement

Department of Health

4052 Bald Cypress Way, Bin C-75

Tallahassee, Florida 32399-3275

(Certified Mail No. 7008 3230 0001 6307 9197)

Dr. Robert Henry Pare, Jr.

3498 Northwest Federal Highway

Jensen Beach, Florida 34967

(Certified Mail No. 7008 3230 0001 6307 9203)

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Final Order is entitled

to judicial review pursuant to Sections 120.68 and 766.311,

Florida Statutes. Review proceedings are governed by the Florida

Rules of Appellate Procedure. Such proceedings are commenced by

filing the original of a notice of appeal with the Agency Clerk

of the Division of Administrative Hearings and a copy,

accompanied by filing fees prescribed by law, with the

appropriate District Court of Appeal. See Section 766.311,

Florida Statutes, and Florida Birth-Related Neurological Injury

Compensation Association v. Carreras , 598 So. 2d 299 (Fla. 1st

DCA 1992). The notice of appeal must be filed within 30 days of

rendition of the order to be reviewed.