20-002018N Yolanda Delva, On Behalf Of And As Parent And Natural Guardian Of Angelina Delva, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, March 26, 2021.

Summary: Stipulation and Joint Petition for Compensation approved.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

Y OLANDA D ELVA , O N B EHALF OF A ND A S

P ARENT A ND N ATURAL G UARDIAN OF

A NGELINA D ELVA , A M INOR ,

Petitioner , Case No. 20 - 2018N

vs.

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPENSATION A SSOCIATION ,

Respondent .

/

F INAL O RDER A PPROVING S TIPULATION FOR E NTRY OF A WARD

This cause came on for consideration pursuant to sections 766.304

and 766.305(7), Florida Statutes, upon t he 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 Division of Administrative Hearings (DOAH) on

Ma rch 22, 2021, 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 outlined

in chapter 766.

By the t erms of their stipulation, Petitioner, Yolanda Delva, as parent and

natural guardian of Angelina Delva (Angelina), a minor, and Respondent, the

Florida Birth - Related Neurological Injury Compensation Association (NICA),

have agreed that Yolanda Delva is the parent and legal guardian of Angelina;

that Angelina was born a live infant on or about April 21, 2015, at Broward

Health Coral Springs, a Ñhospital,Ò as defined by section 766.302(6), located

in Rockledge, Florida; and that AngelinaÔs birth weight exceed ed 2,500

grams. The parties have further agreed that Jessenia Magua, M.D., provided

obstetrical services at AngelinaÔs delivery and was a Ñparticipating physicianÒ

in the Florida Birth - Related Neurological Injury Compensation Plan, as

defined by section 76 6.302(7). The parties have agreed that Angelina

suffered a Ñbirth - related neurological injury,Ò as that term is defined by

section 766.302(2), which was the sole and proximate cause of her injury. It is

O RDERED :

1. The Stipulation and Joint Petition fil ed on March 22, 2021, is hereby

approved, and the parties are directed to comply with the provisions of the

Stipulation and Joint Petition.

2. Petitioner, Yolanda Delva, as the parent and legal guardian of

Angelina, a minor, is awarded one hundred thousan d dollars ($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

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

p rovisions of paragraph 19 of the Stipulation and Joint Petition; and

payments of future expenses, as incurred.

3. NICA shall reimburse Lee Friedland, Esquire, an agreed upon

attorneyÔs fee of thirteen thousand eight hundred sixty - five dollars

($13,865.00) , and expenses of four hundred fifty - eight dollars and ninety

cents ($458.90); totaling fourteen thousand three hundred twenty - three

dollars and ninety cents ($14,323.90) for services rendered in the filing the

claim.

4. Upon the payment of the award of $ 100,000.00, past benefits/expenses,

and attorneyÔs fees and expenses of $14,323.90, the claims of Petitioner 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 partiesÔ

compliance with the terms of this Order.

D ONE A ND O RDERED this 26th day of March, 2021 , in Talla hassee, Leon

County, Florida.

S

T ODD P. R ESAVAGE

Administrative Law Judge

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 26th day of March, 2021 .

C OPIES F URNISHED :

(via certified mail)

Amie Rice, Investigation Manager Jessenia Magua, M.D.

Consumer Services Unit Suite 100

Department of Health 8880 Royal Palm Boulevard

4052 Bald Cypress Way, Bin C - 75 Coral Springs, Florida 33065

Tallahassee, Florida 32399 - 3275 (Certified No. 7020 2450 0002 1970 5572)

(Certified No. 7020 2450 0002 1970 5428)

Kenney Shipley, Executive Director

Lee Friedland, Esquire Florida Birth - Relat ed Neurological

Fr iedland & Associates, P.A. Injury Compensation Association

707 Northeast 3rd Avenue , Suite 201 Suite 1

Fort Lauderdale, Florida 33304 2360 Christopher Place

(Certified No. 7020 2450 0002 1970 5435) Tallahassee, Florida 32308

(Certified No. 7020 2450 0002 1970 5459)

Simone Marstiller, Secretary

Health Quality Assurance Broward Health Coral Springs Hospital

Agency for Health Care Administration Attention: Risk Management

2727 Mahan Drive, Mail Stop 1 3000 Coral Hills Drive

Tallahassee, Florida 32308 Coral Springs, Fl orid a 33065

(Certified No. 7020 2450 0002 1970 5442) (Certified No. 7020 2450 0002 1970 5565)

N OTICE O F R IGHT T O J UDICIAL R EVIEW

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 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

(Fl a. 1st DCA 1992).