12-004154N Christina Navarro And Enrique Rodriguez, On Behalf Of And As Parents And Natural Guardians Of Valentina Navarro, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, June 5, 2013.

Summary: Final Order approving the Association's acceptance of the claim for compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHRISTINA NAVARRO AND ENRIQUE

RODRIGUEZ, on behalf of and as

parents and natural guardians of

VALENTINA NAVARRO, a minor ,

Petitioners ,

vs. Case No. 12 - 4154N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATIO N

ASSOCIATION ,

Respondent,

and

EMIL ABDALLA, D.O.,

Intervenor .

/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on for consideration pursuant to sections

766.3 04 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 Divis ion of Administrative Hearings on June 3, 2013,

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 o utlined in chapter 766.

By the terms of their stipulation, Petitioners,

Christina Navarro and Enrique Rodriguez on behalf of and as

parents and natural guardians of Valentina Navarro, a minor, and

Respondent, the Florida Birth - Related Neurological Injury

C ompensation Association (NICA) have agreed that Christina

Navarro and Enrique Rodriguez are the parents and legal

guardians of Valentina Navarro (Valentina), a minor; that

Valentina was born a live infant at Memorial Hospital, a

ÐhospitalÑ as defined by se ction 766.302(6) located in Pembroke

Pines, Florida; and that Valentina's birth weight exceeded 2,500

grams. The Parties have further agreed that Emil Abdalla, M.D.,

provided obstetrical services at Valentina's delivery and was a

Ðparticipating physicianÑ in the Florida Birth - Related

Neurological Injury Compensation Plan, as defined by section

766.302(7). The Parties have agreed that Valentina suffered a

Ðbirth - related neurological injury,Ñ as that term is defined by

section 766.302(2), which was the sole and proximate cause of

Valentina's permanent and substantial mental and physical

impairments. The medical reports filed in this case show that

Valentina was born on or about December 23, 2010.

It is ORDERED:

1. The Stipulation and Joint Petition filed on June 3,

2013, is hereby approved, and the Parties are directed to comply

with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Christina Navarro and Enrique Rodriguez, as

the parents and legal guardians of Valentina Navarro, a min or,

are awarded one hundred thousand dollars ($100,000.00), pursuant

to section 766.31(1)(b)1, to be paid as periodic payments and for

use for home, vehicle, or related expenses; payment of benefits

up to and including the effective date of the Joint Stipu lation

and Petition pursuant to section 766.31(1)(a), subject to the

provisions of paragraph 19 of the Stipulation and Joint Petition;

and payment of future expenses as incurred.

3. Respondent shall pay Mark A. Kaire, Esquire, attorney

for Petitioners, $4 ,320.00 for attorney's fees and $897.77 for

expenses, totaling $5,217.77 in full, for services rendered in

the filing of Petitioners' claim.

4. Upon the payment of the award of $100,000.00, attorney's

fees and other expenses totaling $5,217.77 incurred in connection

with the filing of this claim, and past benefit/expenses, 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 partiesÓ compliance with the terms of

this Order.

DONE AND ORDERED this 5th day of June , 2013 , in Tallahassee,

Leon C ounty, Florida.

S

SUSAN BELYEU KIRKLAND

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 5th day of June , 2013 .

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. 7012 3050 0001 0074 8666)

Mark Kaire, Esquire

Law Offices of Mark A. Kaire, P.A.

Suite 1710

80 Southwest 8th Street

Miami, Florida 33130

(Certified Mail No. 7012 3050 0001 0 074 8673)

Marc J. Schleier, Esquire

Fowler, White, Burnett, P.A.

Espirito Santo Plaza, 14th Floor

1395 Brickell Avenue

Miami, Florida 33131 - 3302

(Certified Mail No. 7012 3050 0001 0074 8680)

Amie Rice, Investigation Manager

Consumer Services Unit

Depart ment of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7012 3050 0001 0074 8697 )

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahass ee, Florida 32308

(Certified Mail No. 7012 1010 0001 8359 2971 )

Memorial Hospital

9000 Sheridan Street

Pembroke Pines, Florida 33024

(Certified Mail No. 7012 1010 0001 8358 2988)

NOTICE OF RIGHT TO JUDICIAL REVIEW

Review of a final order of an adm inistrative 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 C ourt 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).