STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

EDWARD ACLE AND DULCE JANE, on

behalf of and as parents and natural guardians of ARYA JANE ACLE, a minor,

vs.

Petitioners,

Case No. 16-1393N

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent,

and

SOUTH MIAMI HOSPITAL, INC.,

Intervenor.

/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on for consideration 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 and Joint Petition), filed with the Division of Administrative Hearings on August 18, 2016, 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 stipulation, Petitioners, Edward Acle and Dulce Jane, as parents and natural guardians of Arya Jane Acle, a minor, and Respondent, the Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Edward Acle and Dulce Jane are the parents and legal guardians of Arya Jane Acle (Arya), a minor; that Arya was born a live infant on or about March 21, 2014, at South Miami Hospital, a “hospital” as defined by section 766.302(6) located in Miami, Florida; and that Arya’s birth weight exceeded 2,500 grams. The Parties have further agreed that Thomas Horst, M.D., provided obstetrical services at Arya's delivery and was a “participating physician” in the Florida Birth-Related Neurological Injury Compensation Plan, as defined by section 766.302(7). The Parties have agreed that Arya suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Arya's current medical condition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on August 18, 2016, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Edward Acle and Dulce Jane, as the parents and legal guardians of Arya Jane Acle, a minor, are awarded one

   
   

   hundred thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be paid as periodic payments to the parents; payment of benefits up to and including the effective date of the Stipulation and Joint Petition pursuant to section 766.31(1)(a), subject to the provisions of paragraph 19 of the Stipulation and Joint Petition; and payments of future expenses, as incurred.

3. Upon the payment of the award of $100,000.00 and past benefit/expenses, the claims of Petitioners shall be deemed fully satisfied and extinguished, except for Respondent's continuing obligation under section 766.31(2) to pay future expenses, as incurred.

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 Order.

DONE AND ORDERED this 22nd day of August, 2016, in Tallahassee, Leon County, Florida.

S

BARBARA J. STAROS

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 22nd day of August, 2016.

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association 2360 Christopher Place, Suite 1

Tallahassee, Florida 32308 (eServed)

Scott Edward Solomon, Esquire Falk, Waas, Hernandez, Cortina,

Solomon and Bonner, P.A. Suite 500

135 San Lorenzo Avenue Coral Gables, Florida 33146 (eServed)

Elizabeth Dudek, Secretary Health Quality Assurance

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308 (eServed)

(Certified Mail No. 7015 0640 0001 2701 0718)

Thomas Horst, M.D. 3rd Floor

7300 Southwest 62nd Place Miami, Florida 33143

(Certified Mail No. 7015 0640 0001 2701 0725)

NOTICE OF RIGHT TO JUDICIAL REVIEW

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 agency clerk 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).

Docket for Case No: 16-001393N

Orders for Case No: 16-001393N