STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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 (DOAH) on

July 21, 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,

Robert Brian Solano and Alison Harrell Solano, as parents and guardians of Riley Kay Solano, a minor, and Respondent, the Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Robert Brian Solano and Alison Harrell Solano are the parents and legal guardians of Riley Kay Solano (Riley); that Riley was born a live infant on or

about June 3, 2017; and that Riley’s birth weight exceeded 2,500 grams. The parties have further agreed that Vikki McKinnie, M.D., provided obstetrical services at Riley’s delivery, at Tallahassee Memorial Hospital (TMH); that Dr. McKinnie was a “participating physician” in the Florida Birth-Related Neurological Injury Compensation Plan; and that TMH was a hospital, as defined by section 766.302(7). The parties have agreed that Riley 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 Riley’s current medical condition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on July 21, 2021, is hereby approved, and the parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Robert Brian Solano and Alison Harrell Solano, as the parents and legal guardians of Riley, a minor, are awarded two hundred and fifty thousand dollars ($250,000.00), pursuant to section 766.31(1)(b)1., to be paid as periodic payments to the parents.

3. Petitioners, Robert Brian Solano and Alison Harrell Solano, as the parents and legal guardians of Riley, a minor, and NICA, agree that NICA will pay future expenses as incurred, pursuant to section 766.31(2).

4. Upon the full payment of the award of $250,000.00 for 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.

5. DOAH 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 28th day of July, 2021, in Tallahassee, Leon County, Florida.

COPIES FURNISHED:

(via certified mail)

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 28th day of July, 2021.

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: 21-001560N

Orders for Case No: 21-001560N