STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FINAL ORDER APPROVING STIPULATION AND JOINT PETITION

FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTES

This cause came on to be heard pursuant to Sections 766.304 and 766.305(7), Florida Statutes, upon the Stipulation and Joint Petition of the parties, filed April 27, 2009, for the entry of an order approving the resolution of a formal claim for compensation benefits heretofore filed in this cause in accordance with the provisions of Chapter 766, Florida Statutes, and a resolution of the exclusive remedy otherwise available as outlined in Chapter 766, Florida Statutes.

By the terms of their stipulation, the parties have agreed that Ronald Valcin and Wilguine Dessalines-Valcin are the parents and natural guardians of Emma Trini Valcin (Emma), a deceased minor; that Emma was born a live infant on January 10, 2008, at Martin Memorial Medical Center, a "hospital" as defined by Section 766.302(6), Florida Statutes, located in Stuart, Florida; that Emma's birth weight exceeded 2,500 grams; and that Emma died January 18, 2008. The parties have further agreed that Robert Pare, Jr., M.D., delivered obstetrical services at Emma's birth, and at all times material hereto, was a "participating physician" in the Florida Birth-Related Neurological Injury Compensation Plan, as defined by Section 766.302(7), Florida Statutes. Finally, by their stipulation, the parties have agreed that Emma suffered a "birth-related neurological injury," as that term is defined by Section 766.302(2), Florida Statutes.

After due consideration of the interests of all parties, and being otherwise fully advised in the premises, it is

ORDERED that:

1. The Stipulation and Joint Petition of the parties, filed April 27, 2009, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioners, Roland Valcin and Wilguine Dessalines- Valcin, as the parents and natural guardians of Emma Trini

   Valcin, a deceased minor, are awarded One hundred thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b)1., Florida Statutes, and a death benefit of Ten thousand dollars ($10,000.00), pursuant to Section 766.31(1)(b)2., Florida Statutes, all to be paid in lump sum.

3. Upon payment of the award of One hundred thousand dollars ($100,000.00), a death benefit of Ten thousand dollars ($10,000.00), and attorney's fees and other expenses of Eleven thousand six hundred sixty-eight dollars and fifty-one cents ($11,668.51), and past expenses, the claims of Petitioners (Claimants) shall be deemed fully satisfied and extinguished.

   No provision is made for the payment of future expenses, as Emma is deceased.

4. The Division of Administrative Hearings retains jurisdiction over this matter to resolve any disputes should they arise, regarding the parties' compliance with the terms of this Final Order.

DONE AND ORDERED this 29th day of April, 2009, in Tallahassee, Leon County, Florida.

WILLIAM J. KENDRICK

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 29th day of April, 2009.

COPIES FURNISHED:

(Via Certified Mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association 2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7008 3230 0001 6307 9166)

Jeffrey M. Fenster, Esquire Fenster, Cohen & Sobol, P.A. 1391 Sawgrass Corporate Parkway Sunrise, Florida 33323

(Certified Mail No. 7008 3230 0001 6307 9173)

Scott H. Michaud, Esquire Michaud, Buschmann, Fox,

Ferrara & Mittelmark

621 Northwest 53rd Street, Suite 420 Boca Raton, Florida 33487

(Certified Mail No. 7008 3230 0001 6307 9180)

Charlene Willoughby, Director Consumer Services Unit - Enforcement Department of Health

4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275

(Certified Mail No. 7008 3230 0001 6307 9197)

Dr. Robert Henry Pare, Jr. 3498 Northwest Federal Highway Jensen Beach, Florida 34967

(Certified Mail No. 7008 3230 0001 6307 9203)

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Sections 120.68 and 766.311, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original of a notice of appeal with the Agency Clerk of the Division of Administrative Hearings and a copy, accompanied by filing fees prescribed by law, with the appropriate District Court of Appeal. See Section 766.311, Florida Statutes, and Florida Birth-Related Neurological Injury Compensation Association v. Carreras, 598 So. 2d 299 (Fla. 1st DCA 1992). The notice of appeal must be filed within 30 days of rendition of the order to be reviewed.

Docket for Case No: 09-000122N

Orders for Case No: 09-000122N