17-004790N Sharon Salas Ventura, On Behalf Of And As Parent And Natural Guardian Of Paul Alexander Sanchez, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, November 30, 2017.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SHARON SALAS VENTURA, on behalf

of and as parent and natural

guardian of PAUL ALEXANDER

SANCHEZ, a deceased minor,

Petitioner,

vs. Case No. 17 - 4790N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCI ATION,

Respondent,

and

ORLANDO HEALTH, INC. , d/b/a

WINNIE PALMER HOSPITAL FOR WOMEN

AND BABIES ; AND SHAWN SIMPSON,

D.O.,

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 O ut of

Florida Birth - Related Neurological Injury Pursuant to

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

filed with the Division of Administrative Hearings on November

16, 2017, for the entry of an order approving the resolution of a

claim for compensation benefits filed in accordance with the

provisions of c hapter 766 and a resolution of the exclusive

remedy otherwise available as outlined in chapter 766.

By the terms of their stipulation, Petitioner , Sharon Salas

Ventura , as parent and natural guardian of Paul Alexander

Sanchez , deceased, and Respondent, the Florida Birth - Related

Neurological Injury Compensation Association (NICA) , have agreed

that Sharon Salas Ventura is the parent and legal guardian of

Paul Alexander Sanchez (Paul) ; that Paul was born a live infant

on or about December 31, 2015 , at Winnie P almer Hospital , a

ÐhospitalÑ as defined by section 766.302(6) located in Orlando ,

Florida; and that PaulÓs birth weight exceeded 2,500 grams. The

Parties have further agreed that Shawn Simpson, D.O., provided

obstetrical services at PaulÓs delivery and wa s a Ðparticipating

physicianÑ in the Florida Birth - Related Neurological Injury

Compensation Plan, as defined by section 766.302(7). The Parties

have agreed that Paul suffered a Ðbirth - related neurological

injury,Ñ as that term is defined by section 766.30 2(2), which was

the sole and proximate cause of h is injury and subsequent death

on January 1, 2016.

It is ORDERED:

1. The Stipulation and Joint Petition filed on November 16,

2017 , is hereby approved, and the Parties are directed to comply

with the provis ions of the Stipulation and Joint Petition.

2. Petitioner, Sharon Salas Ventura, as the parent and legal

guardian of Paul Alexander Sanchez , deceased, is awarded one

hundred thousand dollars ($100,000.00), pursuant to section

766.31(1)(b)1 . , to be paid as a lump sum; 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 20 of the Stipulation and Joint Petition;

and payment of the $10,000.00 d eath benefit pursuant to section

766.31(1)(b)1.

3. NICA will reimburse Alan Goldfarb , attorney for

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

expenses of $ 5 , 944.95 , totaling $ 15,944.95 in full for services

rendered in the filing of this c laim.

4. Upon the payment of the award of $100,000.00, the death

benefit of $10,000.00, past benefit/expenses, and $ 15,944.45 for

attorneyÓs fees and costs, the claims of Petitioner shall be

deemed fully satisfied and extinguished.

5. The Division of Adm inistrative 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 30th day of November , 2017 , in

Tallahassee, Leon County, Florida.

S

TODD P. RESAVAGE

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

Fi led with the Clerk of the

Division of Administrative Hearings

this 30th day of November, 2017 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

Suite 1

2360 Ch ristopher Place

Tallahassee, Florida 32308

(eServed)

(Certified Mail Number 7016 0910 0001 7980 4643)

Alan Goldfarb, Esquire

Alan Goldfarb, P.A.

Miami Tower, Suite 4500

100 Southeast 2nd Street

Miami, Florida 33131

(Certified Mail Number 7016 0910 0001 7980 4650)

Meredith M. Stephens, Esquire

Rissman, Barrett, Hurt, Donahue,

McLain, and Mangan, P.A.

201 East Pine Street, Suite 1500

Post Office Box 4940

Orlando, Florida 32802

(Certified Mail Number 7016 0910 0001 7980 4667 )

Amie Rice, Investigation M anager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail Number 7016 0910 0001 7980 4674 )

Justin Senior , Secretary

Health Quality Assurance

Agency for Health Care Administration

27 27 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified Mail Number 7016 0910 0001 7980 4681 )

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 App eal 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 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).