21-003124N Romina Saweress And Alyssa Saweress O/B/O Declan Saweress, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Monday, January 10, 2022.

Summary: Final Order approving Stipulation for NICA compensation.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

R OMINA S AWERESS A ND A LYSSA S AWERESS

O/B/O D ECLAN S AWERESS , A D ECEASED

M INOR ,

Petitioners ,

vs. Case No. 21 - 3124N

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPENSATION A SSOCIATION ,

Respondent,

and

H OLMES R EGIONAL M EDICAL C ENTER ,

I NC .,

Intervenor .

/

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

This cause came on for consideration pursuant to section s 766.304

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

Compensation of Claim Motion Arising Out of Florida Birth - Related

Neurological Injury Pursuant to Chapter 766, Florida Statutes (Joint

Stipulation ), filed with the Divisi on of Administrativ e Hearings (DOAH) on

December 22, 2021 , requesting that the undersigned approve the instant

claim for compensation under the Florida Birth - Related Neurological Injury

Compensation Plan (the Plan).

By the terms of their Joint S tipulation , Petitioners, Romina Saweress and

Alyssa Saweress , the parents and legal guardians of Declan Saweress , a

deceased minor (Declan) , and Respondent, the Florida Birth - Related

Neurological Injury Compensation Association (NICA), have agreed that

Romina Sawere ss and Alyssa Saweress are the parents of Declan ; that

Declan incurred a Ñbirth - related neurological injuryÒ as that term is defined

in section 766.302(2), Florida Statutes (2021), on April 6, 2021 ; and that

DeclanÔs birth weight exceeded 2,500 grams. The parties have further agreed

that Adam Close, M.D., provided obstetrical services at DeclanÔs delivery , and

that Dr. Close was a Ñparticipating physicianÒ in the Plan, as defined by

section 766.302(7). The parties also agree that Intervenor, Holmes Regional

Medical Center, is a hospital located in Melbourne, Florida, and was the

Ñhospital,Ò as that term is defined in section 766.302(6), where Declan was

born. The parties have agreed that Declan 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 DeclanÔs death on April 9, 2021 .

It is O RDERED :

1. The Joint Stipulation filed on December 22, 2021 , is hereby approved,

and the parties are directed to comply with the pr ovisions of the Joint

Stipulation.

2. Petitioners, Romina Saweress and Alyssa Saweress , as the parents of

Declan , a deceased minor, are awarded two hundred and fifty thousand

dollars ($ 25 0,000.00), pursuant to section 766.31(1)(b)1., to be paid as a lump

s um to the parents.

3. Petitioners, Romina Saweress and Alyssa Saweress, as the parents of

Declan, a deceased minor, are awarded a death benefit of fifty thousand

dollars ($50,000.00), pursuant to section 766.31(1)(b)2., to be paid as a lump

sum to the pare nts.

4. NICA will reimburse Brooke Charlan, Esquire, attorney for Petitioners,

an agreed - upon amount of nine thousand four hundred seventy - two dollars

and fifty cents ($9,472.50), for reasonable attorneyÔs fees in the filing of this

claim, and four thousan d five hundred forty - one dollars and nine cents

($4,541.09) for expenses, totaling fourteen thousand thirteen dollars and

fifty - nine cents ($14,013.59), pursuant to section 766.31(1)(c).

5 . Upon the payment of the award of $ 25 0,000.00 for past

benefit/exp enses, $50,000.00 for the death benefit, and $14,013.59 for

attorneyÔs fees and expenses , the claims of Petitioners shall be deemed fully

satisfied and extinguished .

6. DOAH 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 10th day of January , 2022 , in Tallahassee, Leon

County, Florida.

S

R OBERT J. T ELFER III

Administrative Law Judge

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 306 0

(850) 488 - 9675

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 10th day of January , 2022 .

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 Sto p 1

405 2 Bald Cypress Way, Bin C - 75 Tallahassee, Florida 32308

Tallahassee, Florida 32399 - 3275 (Certified No. 70211970000048609509)

(Certified No. 70211970000048609493)

Kim Kellum, Esquire Thomas M. Hoeler, 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. 70211970000048609516) (Certified No. 70211970000048609523)

Brooke India Charlan, Esquire Kenney Shipley, Execut ive Director

Morgan & Morgan , P.A. Florida Birth - Related Neurological

20 North Orange Avenue, Suite 1600 Injury Compensation Association

Orlando, Florida 32801 Post Office Box 14567

(Certified No. 70211970000048609530) Tallahassee, Florida 32317

(Certified No. 70211970000048609547)

Jack Tobias Cook, Esquire

Morgan & Morgan, P.A. Scott Edward Solomon, Esquire

9th Floor Falk, Waas, Hernandez, Solomon,

20 North Orange Avenue Mendlestein & Davis, P A

Orlando, Florida 32801 Suite 500

( Certified No. 70211970000048609554) 135 San Lorenzo Avenue

Coral Gables, Florida 33146

Adam M. Close, M.D. (Certified No. 70211970000048609561)

#110

3425 Bayside Lakes Boulevard Southeast Kathe Alexander, Claims Manager

Palm Bay, Florida 32909 Florida Birth - Related Neurological

(Certified No. 70211970000048609578) Injury Compensation Association

2252 Killearn Center Boulevard

Tallahassee, Florida 32309

(Certified No. 70211970000048609585)

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

(Fla. 1st DCA 1992).