02-000688N St. Juste Alfred And Maria Paul, On Behalf Of And As Parents And Natural Guardians Of, Ricardo Alfred, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, May 10, 2002.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ST. JUSTE ALFRED and MARIA )

PAUL, as parents and natural )

guardians of RICARDO ALFRED, a )

deceased minor, )

)

Petitioners, )

)

vs. )

) Case No. 02 - 0688N

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Re spondent. )

)

FINAL ORDER APPROVIN G STIPULATION AND JO INT PETITION FOR

COMPENSATION OF CLAI M ARISING OUT OF FLO RIDA BIRTH - RELATED

NEUROLOGICAL INJURY PURSUANT TO CH APTER 766, FLORIDA S TATUTES

This cause came on to be heard pursuant to Section 766.304,

Florida Statutes, upon the stipulation and joint petition of the

parties, filed May 7, 2002, for the entry of an order approving

the resolution of a formal claim for c ompensation 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 stipula tion, the parties have agreed

that Petitioners, St. Juste Alfred and Maria Paul, are the

parents of Ricardo Alfred (Ricardo), a deceased minor, as well as

co - personal representatives of their deceased son's estate; that

Ricardo was born a live infant on Ju ly 3, 2001, at Broward

General Medical Center, a hospital located in Fort Lauderdale,

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 R icardo was Robert J.

Bass, M.D., who, at all times material hereto, was 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 pa rties

have agreed that Ricardo 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 i s

ORDERED that:

1. The stipulation of the parties, filed May 7, 2002, is

hereby approved, and the parties are directed to comply with the

provisions thereof.

2. The Petitioners, St. Juste Alfred and Maria Paul, as the

parents and natural guardians of Ric ardo Alfred, 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),

payment for funeral expenses not t o exceed One thousand five

hundred dollars ($1,500.00), attorney's fees and other expenses

of Ten thousand five hundred dollars ($10,500.00) incurred in

pursuing the subject claim, and payment of past expenses, the

claims of the Petitioners (claimants) sha ll 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, shoul d they arise, regarding the

parties' compliance with the terms of such stipulation.

DONE AND ORDERED this 10th day of May, 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

File d with the Clerk of the

Division of Administrative Hearings

this 10th day of May, 2002.

COPIES FURNISHED:

(By certified mail)

Julie Braman Kane, Esquire

Colson Hicks Eidson

255 Aragon Avenue, Second Floor

Coral Gables, Florida 33134

Lynn Larson, Executive Director

Florida Birth - Related Neurological

Injury Compensation Association

1435 Piedmont Drive, East, Suite 101

Tallahassee, Florida 32312

Robert J. Bass, M.D.

300 Southeast 17th Street

Fort Lauderdale, Florida 33316

Broward Gener al Medical Center

1600 South Andrews Avenue

Fort Lauderdale, Florida 33316

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. Re view 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 fe es 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 mus t be filed within 30 days of rendition of the order to

be reviewed.