STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MICHELLE SCOTT AND CONROY CHIN,

on behalf of and as parents and natural guardians of VICTORIA CHIN, a deceased minor,

vs.

Petitioners,

Case No. 14-3123N

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent.

/

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 Claims 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 December 10, 2014, 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,

Michelle Scott and Conroy Chin, on behalf of and as parents and

natural guardians of Victoria Chin, a deceased minor, and Respondent, the Florida Birth-Related Neurological Injury Compensation Association (NICA) (collectively, the Parties), have agreed that Michelle Scott and Conroy Chin are the parents and natural guardians of Victoria Chin (Victoria), a deceased minor; that Victoria was born a live infant on or about October 16, 2013, at Martin Medical Center, a “hospital” as defined by section 766.302(6) located in Stuart, Florida; and that Victoria's birth weight exceeded 2,500 grams. The Parties have further agreed that Evan Collins, M.D., provided obstetrical services at Victoria'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 Victoria suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Victoria's permanent and substantial mental and physical impairments.

It is ORDERED:

1. The Stipulation and Joint Petition filed on December 10, 2014, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Michelle Scott and Conroy Chin, as the parents and natural guardians of Victoria Chin, a deceased minor, are awarded $100,000.00, pursuant to section 766.31(1)(b)1., to

   
   

   be paid as a lump sum; payment of benefits up to and including the effective date of the Joint Stipulation and Petition pursuant to section 766.31(1)(a), subject to the provisions of paragraph

   20 of the Stipulation and Joint Petition; and payment of the

   
   

   $10,000.00 death benefit pursuant to section 766.31(1)(b)1.

   
   

3. Respondent shall pay Scott W. Leeds, Esquire, attorney for Petitioners, the reasonable expenses including attorney's fees incurred in connection with the filing of this claim.

   Within 30 days of the date of this Order the Parties shall advise whether Petitioners and Respondent have agreed upon the amount of expenses due to Scott W. Leeds, Esquire. If the parties have not agreed upon the amount, the parties shall advise the undersigned Administrative Law Judge of the matters remaining in dispute, several mutually-agreeable dates for hearing, and of the time required for such hearing, and a hearing will be scheduled by a separate notice of hearing.

4. Upon the payment of the award of $100,000.00, the death benefit of $10,000.00, expenses incurred in connection with the filing of the claim, and past benefit/expenses, the claims of Petitioners shall be deemed fully satisfied and extinguished.

5. 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 11th day of December, 2014, 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 11th day of December, 2014.

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association

Elizabeth Dudek, Secretary Health Quality Assurance

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

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: 14-003123N

Orders for Case No: 14-003123N