STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ANTHONY AVALLE AND SHANTE AVALLE, AS PARENTS AND NATURAL GUARDIANS OF ABIGAIL ELIZABETH AVALLE, A MINOR,

vs.

Petitioners,

Case No. 20-4630N

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent, and

ANETTE MARIE SANDOVAL, C.N.M., HIBISCUS WOMEN'S CENTER, P.A., AND THOMAS TOUSSAINT, M.D., AND HOLMES REGINAL MEDICAL CENTER, INC.,

Intervenors.

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FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on for consideration pursuant to sections 766.304 and 766.305, 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 (Division) on February 23, 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 resolution of the exclusive remedy otherwise available as outlined in chapter 766.

By the terms of their Stipulation and Joint Petition, Petitioners, Anthony Avalle and Shante Avalle, as parents and guardians of Abigail-Elizabeth Avalle, a minor, and Respondent, the Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Anthony Avalle and Shante Avalle are the parents and legal guardians of Abigail-Elizabeth Avalle (Abigail); that Abigail was born a live infant on or about October 26, 2018; and that Abigail’s birth weight exceeded 2,500 grams. The parties have further agreed that Intervenors Annette Marie-Sandoval, C.N.M, and Thomas Toussaint, M.D., provided obstetrical services at Abigail’s delivery, and that Dr. Toussaint 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 Abigail suffered a “birth-related

neurological injury,” as that term is defined by section 766.302(2), which was

the sole and proximate cause that led to Abigail’s current medical condition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on February 23, 2021, is hereby approved, and the parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Anthony Avalle and Shante Avalle, as the parents and legal guardians of Abigail, a minor, are awarded one hundred thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be paid as a lump sum to the parents.

3. Petitioners, Anthony Avalle and Shante Avalle, as the parents and legal guardians of Abigail, a minor, and NICA, agree that NICA will pay future expenses as incurred, pursuant to section 766.31(2).

4. NICA will reimburse Bounds Law Group, attorneys for Petitioners, an agreed-upon amount of $12,500 for reasonable attorney’s fees and $929.55

   
   

   for expenses for services rendered in the filing of this claim, pursuant to section 766.31(1)(c).

5. Upon the payment of the award of $100,000.00 for past benefit/expenses, and $13,429.55 for attorney’s fees and 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.

6. The Division 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 26th day of February, 2021, in Tallahassee, Leon County, Florida.

S

ROBERT J. TELFER III

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 26th day of February, 2021.

COPIES FURNISHED:

(via certified mail)

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

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

(Certified No. 7020 2450 0002 1970 5091)

Simone Marstiller, Acting Secretary Health Quality Assurance

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

Tallahassee, Florida 32308

(Certified No. 7020 2450 0002 1970 5107)

J. Clancey Bounds, Esquire Bounds Law Group

1751 North Park Avenue Maitland, Florida 32751

(Certified No. 7020 2450 0002 1970 5114)

Craig S. Foels, Esquire

Estes, Ingram, Foels & Gibbs P.A. Suite 330

2600 Lake Lucien Drive Maitland, Florida 32751

(Certified No. 7020 2450 0002 1970 5121)

Scott Edward Solomon, Esquire Falk, Waas, Hernandez, Solomon, Mendlestein & Davis, PA

Suite 500

135 San Lorenzo Avenue Coral Gables, Florida 33146

(Certified No. 7020 2450 0002 1970 5138)

Kenney Shipley, Executive Director Florida Birth-Related Neurological Injury Compensation Association Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(Certified No. 7020 2450 0002 1970 5084)

Patrick H. Telan, Esquire Grower, Ketcham, Eide, Telan & Meltz, P.A.

Post Office Box 538065 Orlando, Florida 32853

(Certified No. 7020 2450 0002 1970 5145)

Wilbert R. Vancol, Esquire

McEwan, Martinez, Dukes & Hall, P.A. 108 East Central Boulevard

Orlando, Florida 32806

(Certified No. 7020 2450 0002 1970 5152)

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: 20-004630N

Orders for Case No: 20-004630N