20-004630N Anthony Avalle And Shante Avalle, As Parents And Natural Guardians Of Abigail Elizabeth Avalle, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, February 26, 2021.

Summary: Final Order approving Stipulation for NICA compensation.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

A NTHONY A VALLE A ND S HANTE A VALLE ,

A S P ARENTS A ND N ATURAL G UARDIANS OF

A BIGAIL E LIZABETH A VALLE , A M INOR ,

Petitioners ,

vs. Case No. 20 - 4630N

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPENSATION A SSOCIATION ,

Respondent,

and

A NETTE M ARIE S ANDOVAL , C.N.M.,

H IBISCUS W OMEN ' S C ENTER , P.A., A ND

T HOMAS T OUSSAINT , M.D., A ND H OLMES

R EGINAL M EDICAL C ENTER , I NC .,

Intervenors .

/

F INAL O RDER A PPROVING S TIPULATION F OR E NTRY O F A WARD

This cause came on for consideration pursuant to sections 766.304

and 766.305, Florida Statutes, upon the Stipulation and Joint Petition for

Compensation of Claim Arising Out of Florida Bir th - Related Neurological

Injury Pursuant to Chapter 766, Florida Statutes (Stipulation and Joint

Petition), filed with the Division of Administrativ e Hearings (Division) on

February 23, 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 terms of their S tipulation and Joint Petition , Petitioners, Anthony

Avalle and S hante Avalle , as parents and guardians of Abigail - Elizabeth

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

Injury Compensation Association (NICA), have agreed that Anthony Avalle

and Shante Avalle are the parents and legal guardian s of Abigail - Elizabeth

Avalle (Abigail) ; that Abigail was born a live infant on or about October 26,

2018 ; and that AbigailÔs birth weight exceeded 2,500 grams. The parties have

further agreed that Intervenors Annette Marie - Sandoval, C.N.M, and

Thomas Tous saint, M.D., provided obstetrical services at AbigailÔs delivery ,

and that Dr. Toussaint was a Ñparticipating physicianÒ in the Florida Birth -

Related Neurological Injury Compensation Plan, as defined by section

766.302(7). The parties have agreed that Abig ail suffered a Ñbirth - related

neurological injury,Ò as that term is defined by section 766.302(2), which was

the sole and proximate cause that led to AbigailÔs current medical condition.

It is O RDERED :

1. The Stipulation and Joint Petition filed on Febr uary 23, 2021 , is hereby

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

Stipulation and Joint Petition.

2. Petitioners, Anthony Avalle and Shante Avalle , as the parents and legal

guardians of Abigail , a minor, are awarded one h undred thousand dollars

($100,000.00), pursuant to section 766.31(1)(b)1., to be paid as a lump sum to

the parents.

3. Petitioners, Anthony Avalle and Shante Avalle , as the parents and legal

guardians of Abigail , a minor, and NICA, agree that NICA will pay future

expenses as incurred, pursuant to section 766.31(2).

4. NICA will reimburse Bounds Law Group, attorney s for Petitioners, an

agreed - upon amount of $12,500 for reasonable attorneyÔs fees and $929.55

for expenses for services rendered in the filing o f this claim, pursuant to

section 766.31(1)(c).

5 . Upon the payment of the award of $100,000.00 for past

benefit/expenses, and $13,429.55 for attorneyÔs fees and expenses, the claims

of Petitioners shall be deemed fully satisfied and extinguished, except for

RespondentÔs continuing obligation under section 766.31(2) to pay future

expenses, as incurred.

6. The Division retains jurisdiction over this matter to resolve any

disputes, should they arise, regarding the partiesÔ compliance with the terms

of this O rder.

D ONE A ND O RDERED this 2 6 th day of February, 2021 , in Tallahassee, Leon

County, Florida.

S

R OBERT J. T ELFER III

Administrative Law Judge

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

www.doah.state.fl.us

Filed with the Cle rk of the

Division of Administrative Hearings

this 2 6 th day of February, 2021.

C OPIES F URNISHED :

(via certified mail)

Amie Rice, Investigation Manager Simone Marstiller , Acting Secretary

Consumer Services Unit Health Quality Assurance

Department of Health Agency for Health Care Administration

4052 Bald Cypress Way, Bin C - 75 2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32399 - 3275 Tallahassee, Florida 32308

(Certified No. 7020 2450 0002 1970 5091 ) (Certified No. 7020 2450 0002 1970 5107)

J. Clancey Bounds, Esquire Kenney Shipley, Executive Director

Bounds Law Group Flo rida Birth - Related Neurological

1751 North Park Avenue Injury Compensation Association

Maitland, Florida 32751 Suite 1

(Certified No. 7020 2450 0002 1970 5114) 2360 Christopher Place

Tallahassee, Florida 32308

Craig S. Foels, Esquire (Certified No. 7020 2450 0002 1970 5084)

Estes, Ingram, Foels & Gibbs P.A.

Suite 330 Patrick H. Telan, Esquire

2600 Lake Lucien Drive Grower, Ketcham, Eide,

Maitland, Florida 32751 Telan & Meltz, P.A.

(Certified No. 7020 2450 0002 1970 5121) Post Office Box 53 8065

Orlando, Florida 32853

Scott Edward Solomon, Esquire (Certified No. 7020 2450 0002 1970 5145)

Falk, Waas, Hernandez, Solomon,

Mendlestein & Davis, PA Wilbert R. Vancol, Esquire

Suite 500 McEwan, Martinez, Dukes & Hall, P.A.

135 San Lorenzo Avenue 108 East Central Boulevard

Coral Gables, Florida 33146 Orlando, Florida 32806

(Certified No. 7020 245 0 0002 1970 5138) (Certified No. 7020 2450 0002 1970 5152)

N OTICE O F R IGHT T O J UDICI AL 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 procee dings 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, w ith 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).