21-002434N Fabio Fagundes And Cintya Fagundes, Obo Fabio Henry Chamulera Fagundes, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, November 12, 2021.

Summary: Final Order approving stipulation for entry of award

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

F ABIO F AGUNDES A ND C INTYA F AGUNDES ,

O BO F ABIO H ENRY C HAMULERA

F AGUNDES , A D ECEASED M INOR ,

Petitioners ,

vs. Case No. 21 - 2434N

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPENSATION A SSOCIATION ,

Respondent,

and

O BSTETRICS A ND G YNECOLOGY

A SSOCIATES OF C ENTRAL F LORIDA , LLC ,

Intervenor .

/

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

This cause came on for c onsideration 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 (Stipulation a nd Joint

Petition), filed with the Division of Administrative Hearings (DOAH) on

November 8, 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 resoluti on of the exclusive remedy otherwise available as

outlined in chapter 766.

By the terms of the Stipulation and Joint Petition, Petitioners, Fabio

Fagundes and Cintya Fagundes, as parents and natural guardians of Fabio

Henry Chamulera Fagundes (Fabio), a minor, and Respondent, the Florida

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

agreed that Fabio Fagundes and Cintya Fagundes are the parents and legal

guardians of Fabio; that Fabio suffered a Ñbirth - related neurological injury ,Ò

as that term is defined by section 766.302(2), on or about June 5, 2021, which

was the sole and proximate cause of FabioÔs injury and subsequent death on

June 19, 2021. The parties have further agree d that Fabio was born at UCF

Lake Nona Medical Center, a ÑhospitalÒ as defined by section 766.302(6),

located in Orlando, Florida; and that FabioÔs birth weight exceeded 2,500

grams. Finally, the parties have agree d that Renata Starr, M.D. , and Douglas

Winger, M.D., provided obstetrical services at FabioÔs de livery and were

Ñparticipating physiciansÒ in the Florida Birth - Related Neurological Injury

Compensation Plan, as defined by section 766.302(7). It is

O RDERED that :

1. The Stipulation and Joint Petition , filed on November 8, 2021, is hereby

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

Stipulation and Joint Petition.

2. Petitioners, Fabio Fagundes and Cintya Fagundes, as the parents and

legal guardians of Fabio, a minor, are awarded two hundred fifty thousand

dollars ($250,0 00.00), pursuant to section 766.31(1)(b)1., to be paid as a lump

sum to Petitioners; and payment of all benefits, past and future, including

the fifty thousand ($50,000.00) death benefit, as authorized by

section 766.31(1)(a), subject to the provisions of paragraph 18 of the

Stipulation and Joint Petition.

3. NICA shall reimburse Brook e Charlan, Esquire, an agreed upon

attorneyÔs fee of eleven thousand nine hundred twenty dollars ($11,920.00),

and expenses of five thousand three hundred forty dollars and fifty - eight

cents ($5,340.58); totaling seventeen thousand two hundred sixty dollars and

fifty - eight cents ($17,260.58) for services rendered in the filing of the claim.

4. Upon the payment of the award of $250,000.00, the $50,000.00 death

benefit, past b enefits/expenses, and attorneyÔs fees and expenses of

$17,260.58, the claim of Petitioners shall be deemed fully satisfied.

5. DOAH retains jurisdiction over this matter to resolve any disputes,

should they arise, regarding the partiesÔ compliance with th e terms of this

Order.

D ONE A ND O RDERED this 12th day of November, 2021 , in Tallahassee,

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 12th day of November, 2021 .

C OPIES F URNISHED :

(via certified mail)

Amie Rice, Investigation Manager Simone Marstiller , Secretary

Consumer Services Unit Agency for Health Care Administration

Department of Health 2727 Mahan Drive, Mail Stop 1

4052 Bald Cypress Way, Bin C - 75 Tallahassee, Florida 32308

Tallahassee, Fl orida 32399 - 3275 (C ertified No. 7020 2450 0002 1970 6760 )

(Certified No. 7020 2450 0002 1970 6746 )

Thomas M. Hoeler, Esquire

Kim Kellum, Esquire Agency for Health Care Administration

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308

Tallahassee, Florida 32308 (Certified No. 7020 2450 0002 1970 6777 )

(Certified No. 7020 2450 0002 1970 6753 )

Brooke India Charlan, Esquire Kenney Shipley, Executive Director

Morgan & Morgan Florida Birth - Related Neurological

20 North Orange Avenue, Suite 1600 Injury Compensation Association

Orlando, Florida 32801 Post Office Box 14567

(Certified No. 7020 2450 0002 1970 6784 ) Tallahassee, Florida 32317

(Certified No. 7020 2450 0002 1970 6814 )

Jack Tobias Cook, Esquire

Morgan & Morgan, P.A. Andrew S. Bolin, Esquire

9th Floor Bolin Law Group

20 North Orange Avenue 1905 East 7th Avenue

Orlando, Florida 32801 Tampa, Florida 33605

(Certified No. 7020 2450 0002 1970 6791 ) (Certified No. 7020 2450 0002 1970 6821 )

Renata Starr, M.D. Douglas George Winger, M.D.

Suite 300 Suite 300

2400 North Orange Blossom Trail 2400 North Orange Blossom Trail

Kissimmee, Florida 34744 Kissimmee, Florida 34744

(Certified No. 7020 2450 0002 1970 6807 ) (Certified No. 7020 2450 0002 1970 6838 )

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

Review of a final order of an administrative law judge shall b e 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

(Fla. 1st DCA 1992).