14-002694N Chynna Fontaine, On Behalf Of And As Parent And Natural Guardian Of Kayden Martin, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, January 7, 2015.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHYNNA FONTAINE, on behalf of

and as parent and natural

guardian of KAYDEN MARTIN, a

minor,

Petitioner,

vs. Case No. 14 - 2694N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent ,

and

TENET, ST. MARY'S, INC., d/b/a

ST. MARY'S MEDICAL CENTER; LAURA

BASILE, M.D.; PEDIATRIX MEDICAL

GROUP OF FLORIDA, INC.; NADIA

PIERRE, M.D.; AND OB/GYN

SPECIALISTS OF THE PALM BEACHES,

P.A.,

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 o f

Florida Birth - Related Neurological Injury Pursuant to Chapter

766, Florida Statutes (Stipulation and Joint Petition), filed

with the Division of Administrative Hearings on December 29,

2014, for the entry of an order approving the resolution of a

claim f or 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,

Chynna Fontaine, as parent and natural g uardian of Kayden Martin,

a minor, and Respondent, the Florida Birth - Related Neurological

Injury Compensation Association (NICA), have agreed that

Chynna Fontaine is the parent and natural guardian of Kayden

Martin (Kayden), a minor; that Kayden was born a live infant on

or about November 16, 2011 , at St. Mary's Medical Center , a

ÐhospitalÑ as defined by section 766.302(6) located in West Palm

Beach , Florida; and that Kayden Ós birth weight exceeded 2,500

grams. The Parties have further agreed that Nadia Pi erre , M.D.,

provided obstetrical services at Kayden '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 Kayden 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

Kayden 's permanent and substantial mental and physical

impairments.

It is ORDERED:

1. The Stipulation and Joint Petition filed on Dece mber 29 ,

2014, is hereby approved, and the Parties are directed to comply

with the provisions of the Stipulation and Joint Petition.

2. Petitioner, Chynna Fontaine , as the parent and natural

guardian of Kayden , a minor, is awarded one hundred thousand

dol lars ($100,000.00), pursuant to section 766.31(1)(b)1., to be

paid as periodic payments to the parent; payment of benefits up to

and including the effective date of the Joint Stipulation and

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

provisi ons of paragraph 19 of the Stipulation and Joint Petition;

and payments of future expenses as incurred.

3. NICA will reimburse Gary Friedman, Esquire, attorney for

Petitioner, an agreed upon attorneyÓs fee of $ 10,000.00 and

expenses of $ 500.00 , totaling $ 10,500.00 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 $ 10,500.00 for attorneyÓs fees and costs,

the claims of Petitioner shall be deemed fully satisfied and

extingu ished, 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 par tiesÓ compliance with the terms of this

Order.

DONE AND ORDERED this 7th day of January , 2015 , in

Tallahassee, Leon County, Florida.

S

BARBARA J. STAROS

Administrative Law Judge

Division of Administrative Hearings

The DeS oto 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 7th day of January , 2015 .

COPIES FURNISHED:

(via cert ified mail)

Gary Alan Friedman, Esquire

Friedman and Friedman, P.A.

2600 Douglas Road , Suite 1011

Coral Gables, Florida 33134

(eServed)

(Certified Mail No. 7014 2120 0003 1053 1644)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7014 2120 0003 1053 1651)

Robert Scott Covitz, Esquire

Falk, Waas, Hernandez, Cortina,

Solomon and Bonner

Suite 210E

1900 North west Corporate Boulevard

Boca Raton, Florida 33431

(eServed)

(Certified Mail No. 7014 2120 0003 1053 1668)

Julia M. Ingle, Esquire

Lubell and Rosen, LLC

Suite 602

200 South Andrews Avenue

Fort Lauderdale, Florida 33301

(eServed)

(Certified Mail No. 7014 2120 0003 1053 1675)

Karissa L. Owens, Esquire

Rissman, Barrett, Hurt,

Donahue and McLain, P.A.

201 East Pine Street , Suite 1500

Orlando, Florida 32801

(eServed)

(Certified Mail No. 7014 2120 0003 1053 1682)

David W. Black, Esquire

Frank, Weinberg an d Black, P.L.

7805 Southwest 6th Court

Plantation, Florida 33324

(eServed)

(Certified Mail No. 7014 2120 0003 1053 1699)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 3 2399 - 3275

(Certified Mail No. 7014 2120 0003 1053 1064)

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7014 2120 0003 1053 1071)

NOT ICE 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 a gency c lerk of the Division of Administrative Hearings

within 30 days of rendition of the order to be reviewed, and a

copy, accompanied by filing f ees 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).