15-000654N Laura And Matthew Sokalski, On Behalf Of And As Parents And Natural Guardians Of Sabrina Sokalski, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, November 4, 2015.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LAURA AND MATTHEW SOKALSKI, on

behalf of and as parents and

natural guardians of SABRINA

SOKALSKI, a minor,

Petitioner s ,

vs. Case No. 15 - 0654N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent,

and

GALENCARE, INC., d/b/a BRANDON

REGIONAL HOSPITAL AND NATASHA

CHAMPION, M.D. ,

Intervenor s .

_______________________________/

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 (Stipulati on) , filed October 27, 2015, and

an Addendum to the Stipulation , filed November 3, 2015 , with the

Division of Administrative Hearings, for the entry of an order

approving the resolution of a claim for compensation benefits

filed in accordance with the prov isions of chapter 766 and a

resolution of the exclusive remedy otherwise available as

outlined in chapter 766.

By the terms of their S tipulation, Petitioner s , Laura and

Matthew Sokalski, as parent s and natural guardian s of Sabrina

Sokalski , a minor, and Re spondent, the Florida Birth - Related

Neurological Injury Compensation Association (NICA), have agreed

that Laura and Matthew Sokalski are the parent s and legal

guardian s of Sabrina Sokalski ( Sabrina ), a minor; that Sabrina

was born a live infant on or about December 12, 2013 , at Brandon

Regional Hospital, a ÐhospitalÑ as defined by section 766.302(6)

located in Brandon , Florida; and that SabrinaÓs birth weight

exceeded 2,500 grams. The Parties have further agreed that

Natasha Champion, M.D. , provided obstet rical services at

Sabrina '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

Sabrina suffered a Ðbirth - related neurological inju ry,Ñ as that

term is defined by section 766.302(2), which was the sole and

proximate cause of Sabrina 's current medical condition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on October 27,

2015 (and Addendum filed November 3, 2015) , is her eby approved,

and the Parties are directed to comply with the provisions of the

Stipulation and Joint Petition.

2. Petitioner s , Laura and Matthew Sokalski , as the parent s

and legal guardian s of Sabrina Sokalski , a minor, is awarded one

hundred thousand do llars ($100,000.00), pursuant to section

766.31(1)(b)1., to be paid as lump sum to the parent s ; 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 Joshua M. Drechsel, Esquire, attorney

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

expenses of $ 851.99 , totaling $ 10,851.99 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 $ 10,851.99 for attorneyÓs fees and costs,

the claim s of Petitioner s shall be deemed fully satisfied and

exting uished, 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 P artiesÓ compliance with the terms of this

Order.

DONE AND ORDERED this 4th day of November , 2015 , in

Tallahassee, Leon County, Florida.

S

BARBARA J. STAROS

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 4th day of November , 2015 .

COPIES FURNISHED:

(via certified mail)

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 0000 0359 2662)

Joshua M. Drechsel , Esquire

Brumbelow Drechsel Law Group, P.A.

8601 4th Street North , Suite 104

St. Petersburg, Florida 33702

(eServed)

(Certified Mail No. 7014 2120 0000 0359 2679)

Tracy M. Falkowitz, Esquire

Banker Lopez Gassler, P.A.

501 East Kennedy Boulevard, Suite 1 500

Clearwater, Florida 33602

(eServed)

(Certified Mail No. 7014 2120 0000 0359 2686)

David W. Black, Esquire

Frank, Weinberg & Black, P.L.

7805 Southwest 6th Court

Plantation, Florida 33324

(eServed)

(Certified Mail No. 7014 2120 0000 0359 2693)

Edwin P. Gale, Esquire

Josepher & Batteese, P.A.

Suite 630

500 North Westshore Boulevard

Tampa, Florida 33609

(eServed)

(Certified Mail No. 7014 2120 0000 0359 2709)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypre ss Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7014 2120 0000 0359 2716)

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

( Certified Mail No. 7014 2120 0000 0359 2723)

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 proceedi ngs 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 t o 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).