17-005209N Esperanza Ventura And Rolando Chaclan, On Behalf Of And As Parents And Natural Guardians Of Alan Chaclan Ventura, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, March 9, 2018.

Summary: ALJ entered a Final Order Approving Stipulation by the parties.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ESPERANZA VENTURA AND ROLANDO

CHACLAN, on behalf of and as

parents and natural guardians of

ALAN CHACLAN VENTURA, a deceased

minor,

Petitioners,

vs. Case No. 17 - 5209N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY C OMPENSATION

ASSOCIATION,

Respondent,

and

ST. MARY'S MEDICAL CENTER,

Intervenor.

_______________________________/

FINAL ORDER APPROVING STIPULATIO N

This cause came on for consideration pursuant to

sections 766.30 4 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 Divisi on of Administrative Hearings on March 7,

2018, 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, Esperanza

Ventura and Rolando Chaclan, as parents and natural guardians of

Alan Chaclan Ventura, deceased, and Respondent, the Florida

Birth - Related Neurological Injury Compensation As sociation

(NICA), have agreed that Esperanza Ventura and Rolando Chaclan

are the parents and legal guardians of Alan Chaclan Ventura

(Alan); that Alan was born a live infant on or about April 13,

2015, at Saint MaryÓs Medical Center, a ÐhospitalÑ as define d by

section 766.302(6) located in West Palm Beach, Florida; and that

AlanÓs birth weight exceeded 2,000 grams. The parties have

further agreed that Cecile Walker, M.D., provided obstetrical

services at AlanÓs 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 Alan suffered a Ðbirth - related neurological injury,Ñ as that

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

p roximate cause of his injury.

It is ORDERED:

1. The Stipulation and Joint Petition filed on March 7,

2018, is hereby approved, and the parties are directed to comply

with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Esperanza Ventura and Rolando Chaclan, as

the parents and natural guardians of Alan Chaclan Ventura, are

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 eff ective 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 death benefit

pursuant to section 766.31(1)(b)2.

3. NICA w ill reimburse Robert L. Spector, attorney for

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

expenses of $3001.26, totaling $13,001.26 in full for services

rendered in the filing of this claim.

4. Upon the payment of the award of $100,000. 00, the death

benefit of $10,000.00 , past benefit/expenses, and $13,001.26 for

attorneyÓs fees and costs, the claims of Petitioner s shall be

deemed fully satisfied and extinguished.

5. The Division of Administrative Hearings retains

jurisdiction over th is matter to resolve any disputes, should

they arise, regarding the partiesÓ compliance with the terms of

this Order.

DONE AND ORDERED this 9th day of March , 2018 , in

Tallahassee, Leon County, Florida.

S

TODD P. RESAV AGE

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 Administrati ve Hearings

this 9th day of March , 2018 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified Mail Number 7016 0910 0001 7980 4773)

Robert Spector, Esquire

Spector Law Offices

No. 104

1263 East Las Boulevard

Fort Lauderdale, Florida 33301

(Certified Mail Number 7016 0910 0001 7980 4780 )

Henry W. Jewett, II, Esquire

Rissman, Barrett, H urt, Donahue, McLain & Mangan, P.A.

15th Floor

201 East Pine Street

Orlando, Florida 32801

(eServed)

(Certified Mail Number 7016 0910 0001 7980 4797 )

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail Number 7016 0910 0001 7980 4803 )

Justin Senior , Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

(Certified M ail Number 7016 0910 0001 7980 1901 )

Cecil Walker, M.D.

Suite 103

927 45 th Street

West Palm Beach, Florida 33407

(Certified Mail Number 7016 0910 0001 7980 1918 )

NOTICE OF RIGHT TO JUDICIAL REVIEW

Review of a final order of an administrative law judg e 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 administra tive 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).