01-004013N Clara Luisa Bruderek, On Behalf Of And As Parent And Natural Guardian Of Danielle Milagros Candelo, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Monday, March 4, 2002.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CLARA LUISA BRUDEREK, as parent )

and natural guardian of )

DANIELLE MILAGROS CANDELO, a )

minor, )

)

Petitioner, )

)

vs. ) Case No. 01 - 4013N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

a nd )

)

NORTH BROWARD HOSPITAL )

DISTRICT, d/b/a CORAL SPRINGS )

MEDICAL CENTER and ANTOINE )

CHIDIAC, M.D. and ANTOINE )

CHIDIAC, M.D., P.A., )

)

Intervenors. )

)

FI NAL 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, u pon the S tipulation and J oint P etition of the

parties, filed February 26, 2002, 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 S tipulation, the parties have agreed

that Petitioner, Clara Luisa Bruderek, is the parent and natural

guardi an of Danielle Milagros Candelo (Danielle), a minor; that

Danielle was born a live infant on October 18, 1998, at Coral

Springs Medical Center, a hospital located in Broward County,

Florida; and that her birth weight exceeded 2,500 grams. The

parties have further agreed that the physician delivering

obstetrical services during the birth of Danielle was

Adib Antione Chidiac, M.D., and that he was, at all times

material hereto, a "participating physician" in the Florida

Birth - Related Neurological Injury Comp ensation Plan, as defined

by Section 766.302(7), Florida Statutes. Finally, by their

S tipulation, the parties have agreed that Danielle suffered a

"birth - related neurological injury," as that term is defined by

Section 766.302(2), Florida Statutes.

Afte r due consideration of the interests of all parties, and

being otherwise fully advised in the premises, it is

ORDERED that:

1. The S tipulation of the parties, filed of record

February 26, 2002, is hereby approved, and the parties are

directed to comply w ith the provisions thereof.

2. Petitioner, Clara Luisa Bruderek, as the parent and

natural guardian of Danielle Milagros Candelo, is accorded a lump

award of Ninety - five thousand dollars ($95,000.00), to be used

for purposes consistent with the terms of the parties'

Stipulation. An additional award of Five thousand dollars

($5,000.00) shall be paid in accordance with the terms of the

parties' Stipulation.

3. Upon payment of the award of Ninety - five thousand

dollars ($95,000.00) to the parent (claimant), attorney's fees

and other expenses of Eleven thousand five hundred dollars

($11,500.00) incurred in pursuing the subject claim, and payment

of past expenses, the claims of the Petitioner (claimant) shall

be deemed fully satisfied and extinguished, except to the extent

of Respondent's continuing obligation under the provisions of

Section 766.31, Florida Statutes, to pay future expenses as

incurred, and Petitioner's future claim to all or a portion of

the additional award of Five thousand dollars ($5,000.00) as set

forth in the parties' Stipulation.

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' S tipulation and

to resolve any disputes, should they arise, regarding the

parties' compliance with the terms of such S tipulation.

DONE AND ORDERED this 4th day of March, 2002, in

Tallahassee, Leon County, Florida.

___________________________________

WILLIAM J . KENDRICK

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 4th day of March, 2002.

COPIES FURNISHED:

(By certified mail)

Lynn Larson, Executive Director

Florida Birth - Related Neurological

Injury Compensation Association

1435 Piedmont Drive, East, Suite 101

Tallahassee, Florida 32312

Arvid J. Peterson III, Esquire

370 Camino Gardens Boulevard

Suite 327

Boca Raton, Florida 33432

William V. Carcioppolo, Esquire

Conrad & Scherer, LLP

633 South Federal Highway

Post Office Box 14723

Fort Lauderdale, Florida 33302

John W. Mauro, Esquire

Billing, Cochran, Heat h, Lyles

& Mauro, P.A.

888 Southeast Third Avenue, Suite 301

Fort Lauderdale, Florida 33316

Wilber E. Brewton, Esquire

Brewton, Plante & Plante, P.A.

225 South Adams Street

Suite 250

Tallahassee, Florida 32301

Adid Antoine Chidiac, M.D.

2100 East S ample Road, Suite 101

Lifehouse Point, Florida 33064

Coral Springs Medical Center

3000 Coral Hills Drive

Coral Springs, Florida 33065

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 Admin istrative 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.