22-000899N Dayanis Olvera, On Behalf Of And As Parents And Natural Guardians Of Adela V. Quiles, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, September 6, 2022.

Summary: The award described in the Stipulation and Joint Petition is approved.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

D AYANIS O LVERA , O N B EHALF OF A ND A S

P ARENT A ND N ATURAL G UARDIAN OF

A DELA V. Q UILES , A D ECEASED M INOR ,

Petitioner ,

vs. Case No. 22 - 0899N

F LORIDA B IRTH - R ELATED N EUROLOGICAL

I NJURY C OMPENSATION A SSOCIATION ,

Respondent,

and

F ARIS H ANNA , M.D.,

Intervenor .

/

F INAL O RDER A PPROVING STIPULATION

On August 29, 2022, Dayanis Olvera, as parent and natural guardian of

Adela V. Quiles, a deceased minor (Petitioner), and the Florida Birth - Related

Neurological Injury Compensation Association (NICA), filed a 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). Petitioner and NICA seek entry of a fi nal

order approving resolution of Petitioner's claim for benefits filed in

accordance with the provisions of chapter 766 , Florida Statutes .

P RELIMINARY S TATEMENT

On February 22, 2022, Petitioner , Dayanis Olvera, as parent and natural

guardian of Adela V. Quiles (Adela) , a deceased minor , filed a Petition for

Benefits Pursuant to Florida Statute Section 766.301, et seq. (the Petition).

The Petition named Faris Hanna, M.D., as the physician providing

obstet rical services, and Memorial Regional Medical Center, as the hospital

where Adela was born. The filing fee was filed on March 21, 2022, and on

March 24, 2022, NICA, Dr. Hanna, and Memorial Regional Medical Center

were served by certified mail. On April 4, 2022, Dr. Hanna's Motion to

Intervene , filed on March 31, 2022, was granted.

On May 5, 2022, NICA responded to the Petition, asserting that based on

its review of the provided documentation, the claim was compensable. On

July 1, 2022, an Order was issued directing the parties to confer and provide

mutually acceptable dates for a hearing. NICA's response to the Order stated

that the parties agreed that a hearing was not necessary, and were in the

process of resolving the issue of attorney Ôs fees and costs.

A telephonic status conference was held on August 10, 2022, where the

parties indicated they were in the process of finalizing a Stipulation and

Joint Petition for filing with the Division of Administrative Hearings

(DOAH). Consistent with their representation, the Stipulation and Joint

Petition was filed on August 29, 2022, and is signed by P etitioner , counsel for

Petitioner, NICA , and counsel for NICA.

F INDINGS O F F ACT

Based on the Stipulation and Joint Petition of the parties and the

allegations in the Petition, the following facts are found:

1 . Dayanis Olvera is the parent of Adela and is the Claimant as that term

is defined in section 766.302(3).

2. Adela incurred a birth - related neurological injury as that term is

defined in section 766.302(2), which was the sole and proximate cause of

Adela's death.

3. At birth, Adela weighed in excess of 2,500 grams.

4. Faris Hanna, M.D., rendered obstetrical services in the delivery of

Adela, and at all times material to this p roceeding , was a " participating

physician " as defined in section 766.302(7).

5. Adela was delivered at Memorial Regional Medical Center on October 7,

2019 , which is located in Hollywood, Florida , and is a " hospital " as defined in

section 766.302(6) .

6. A dela died on October 17, 2019.

7. Petitioner filed the Petition seeking compensation from NICA. The

Petition is incorporated by reference in its entirety, including all

attachments. Any reference made within this document to NICA

encompasses, where appropriate, the Florida Birth - Related Neurological

Injury Compensation Plan (the Plan).

C ONCLUSIONS O F L AW

8. DOAH has jurisdiction over the subject matter and the parties to this

proceeding pursuant to sections 120.569, 120.57(1), and 766.301, Florida

Statutes.

9. Section 766.305(7) requires the presiding administrative law judge to

approve the settlement of any claim where NICA determines that the injury

is compensable .

C ONCLUSION

Based on the Findings of Fact and the Conclusions of Law, it is

O RDE RED :

1. The Stipulation and Joint Petition filed on August 29, 2022, is

approved. The parties are directed to comply with the provisions of the

Stipulation and Joint Petition.

2. Petitioner is awarded Three Hundred Seven Thousand Five Hundred

Dollars ($3 07,500) to be paid as a lump sum. The payment is authorized

under section 766.31(1)(b).

3. Petitioner is awarded payment of benefits up to and including the

effective date of the Stipulation and Joint Petition under section 766.31(1)(a).

This payment is subject to the provisions of paragraph 18 of the Stipulation

and Joint Petition.

4. NICA will reimburse Lee Friedland , Esquire, of Friedland & Associates,

P.A., attorney for Petitioner, an agreed - upon attorneyÔs fee of T en Thousand

Dollars ($ 10,000 ), and expenses of One Thousand Fifteen Dollars ($ 1,015 ) for

a total of Eleven Thousand Fifteen Dollars ( $11,015) in full, for services

rendered in the filing of this claim.

5. Upon payment of the award described in paragraphs two through four

of the final secti on of this Final Order, PetitionerÔs claims 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

Final Order.

D ONE A ND O RDERED this 6th day of September , 2022 , in Tallahassee, Leon

County, Florida.

S

F RANCINE M. F FOLKES

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 6th day of September , 2022 .

C OPIES F URNISHED :

(via certified mail)

Amie Rice, Investigation Manager Simone Marstiller , Secretary

( Address of Record ) (eServed)

( Certified No. 7021 2720 0000 3801 0463 ) ( Certified No. 7021 2720 0000 3801 0500 )

Kim Kellum, Esquire Thomas M. Hoeler, Esquire

(eServed) (eServed)

( Certified No. 7021 2720 0000 3801 0470 ) ( Certified No. 7021 2720 0000 3801 0517 )

Lee Friedland, Esquire Julia M. Ingle, Esquire

(eServed) (eServed)

( Certified No. 7021 2720 0000 3801 0487 ) ( Certified No. 7021 2720 0000 3801 0524 )

Kathe Alexander, Claims Manager David W. Black, Esquire

(eServed) (eServed)

( Certified No. 7021 2720 0000 3801 04 94 ) ( Certified No. 7021 2720 0000 3801 0531 )

Memorial Regional Medical Center

(Address of Record)

( Certified No. 7021 1970 0000 4860 5082 )

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 co mmenced 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).