01-000330N Josie Brunot Cothiere, As Personal Representative Of The Estate Of Joshua Brunot Cothiere, Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, May 1, 2001.

Summary: Final Order approving Association`s acceptance of the claim for compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOSIE BRUNOT COTHIERE and JOSEPH )

COTHIERE, as parents and Co- Personal )

Representatives of the Estate of )

JOSHUA BRUNOT COTHIERE, a deceased )

minor, )

)

Petitioners , )

)

vs. ) Case No. 01-0330N

)

FLORIDA BIRTH-RELATED NEUROLOGICAL )

INJURY COMPENSATION ASSOCIATION , )

)

Respondent , )

)

and )

)

HOLY CROSS HOSPITAL and TRINITY )

MEDICAL CENTER , )

)

Intervenors. )

_____________________________________)

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 Section 766.304,

Florida Statutes, upon the stipulation and joint petition of the

parties, filed April 26, 2001, 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 Petitioners, Josie Brunot Cothiere and Joseph Cothiere, are

the parents and Co-Personal Representatives of the Estate of

Joshua Brunot Cothiere (Joshua), a deceased minor; that Joshua

was born a live infant on January 27, 1996, at Holy Cross

Hospital, a hospital located in Broward County, Florida; and that

his birth weight was in excess of 2,500 grams. The parties have

further agreed that the physician delivering obstetrical services

during the birth of Joshua was Javier Lugo-Janer, M.D., who was,

at all times material hereto, 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 Joshua 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 of the parties, filed of record

April 26, 2001, is hereby approved, and the parties are directed

to comply with the provisions thereof.

2. The Petitioners, Josie Brunot Cothiere and

Joseph Cothiere, as the parents of Joshua Brunot Cothiere, a

deceased minor, are accorded a lump sum award of One hundred

thousand dollars ($100,000.00).

3. Upon payment of the lump sum award of One hundred

thousand dollars ($100,000.00) to the parents (claimants),

attorney's fees and other expenses of Twelve thousand five

hundred dollars ($12,500.00) incurred in pursuing the subject

claim, and payment of past expenses, the claims of the

Petitioners (claimants) shall be deemed fully satisfied and

extinguished.

4. The Division of Administrative Hearings retains

jurisdiction over this matter to resolve any dispute as to the

interpretation of any provision of the parties' stipulation and

to resolve any disputes, should they arise, regarding the

parties' compliance with the terms of such stipulation.

DONE AND ORDERED this 1st day of May, 2001, in Tallahassee,

Leon County, Florida.

___________________________________

WILLIAM J. KENDRICK

Administr ative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488- 9675 SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 1st day of May, 2001.

COPIES FURNISHED:

(By certified mail)

Lynn Larson, Executive Director

Florida Birth-Related Neurological

Injury Compensation Association

1435 Piedmont Drive, East, Suite 101

Post Office Box 14567

Tallahassee, Florida 32312

Manuel Epelbaum, Esquire

Robert J. Dickman, P.A.

Dickman Building

4500 Le Jeune Road

Coral Gables, Florida 33146

Wilbur E. Brewton, Esquire

Kenneth J. Plante, Esquire

Brewton, Plante & Plante, P.A.

225 South Adams Street, Suite 250

Tallahassee, Florida 32301

T. Christine Perez, Esquire

Hal B. Anderson, Esquire

Billing, Cochran, Heath, Lyles

& Mauro, P.A.

888 Southeast Third Avenue, Suite 301

Fort Lauderdale, Florida 33316

Michael A. Acker, Esquire

Peterson, Bernard, Vandenberg, Zei,

Geisler & Martin

707 Southeast Third Avenue

Suite 500, Blackstone Building

Post Office Drawer 14126

Fort Lauderdale, Florida 33302

Javier G. Lugo-Janer, M.D.

7452 Silverwoods Court

Boca Raton, Florida 33433

Holy Cross Hospital

4724 North Federal Highway

Fort Lauderdale, Florida 33308-4604

Ms. Charlene Willoughby

Agency for Health Care Administration

Consumer Services Unit

Post Office Box 14000

Tallahassee, Florida 32308

Mark Casteel, General Counsel

Department of Insurance

The Capitol, Lower Level 26

Tallahassee, Florida 32399-0300

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 one copy of a Notice of Appeal with the Agency Clerk of the

Division of Administrative Hearings and a second copy, accompanied

by filing fees prescribed by law, with the appropriate District

Court of Appeal. See Section 120.68(2), 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.