02-001625N Luz Corredor And Jose Alejandro Vasquez, Individually And As Co-Personal Representatives Of The Estate Of Alejandro Corredor, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, October 10, 2003.

Summary: Final Order approving Florida Birth-Related Neurological Injury Compensation Association`s acceptance of the claim for compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LUZ CORREDOR and JOSE ALEJANDRO )

VASQUEZ, individually and as )

co - personal representatives of )

the estate of ALEJANDRO )

CORREDOR, a deceased minor, )

)

Petitioner, )

)

vs. ) Case No. 02 - 1625N

)

FLORIDA BIRTH - RELATED )

NEUROLOGIC AL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent. )

)

FINAL ORDER APPROVIN G STIPULATION AND JO INT PETITION FOR

COMPENSATION OF CLAI M ARISING OUT OF FLO RIDA BIRTH - R ELATED

NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTE S

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

Florida Statutes, upon the stipulation and joint petition of the

parties, filed October 6, 2003, for the entry of an order

app roving 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, Fl orida Statutes.

By the terms of their stipulation, the parties have agreed

that Petitioners, Luz Corredor and Jose Alejandro Vasquez, are

the parents of, and co - personal representatives of the Estate

of, Alejandro Corredor (Alejandro), a deceased minor; th at

Alejandro was born a live infant on April 23, 1997, at

Plantation General Hospital, a hospital located in Plantation

Florida; and that his birth weight was in excess of 2,500 grams.

The parties have further agreed that the physician delivering

obstetri cal services during the birth of Alejandro was Celina

Poy - Wing, 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 Alejandro 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 othe rwise fully advised in the premises, it is

ORDERED that:

1. The stipulation of the parties, filed October 6, 2003,

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

the provisions thereof.

2. Petitioners, Luz Corredor and Jose Alejandro Vas quez,

as the parents of Alejandro Corredor, 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),

pay ment of 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

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 wit h the terms of such stipulation.

DONE AND ORDERED this 10th day of October, 2003, in

Tallahassee, Leon County, Florida.

S

WILLIAM J. KENDRICK

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Buildin g

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 10th day of October, 2003.

COPIES FURNISHED :

(by certified mail)

Scott S. Liberman, Esquire

Krupnick, Campbell, Malone, Roselli, Buser,

Slama, Hancock, McNelis, Liberman & McKee

700 Southeast Third Avenue, Suite 100

Fort Lauderdale, Florida 33316 - 1186

Kenney Shipley, Executive Director

Florida B irth - Related Neurological

Injury Compensation Association

1435 Piedmont Drive, East, Suite 101

Post Office Box 14567

Tallahassee, Florida 32308

Ms. Charlene Willoughby

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 327 5

Plantation General Hospital

Legal Department

401 Northwest 42 Avenue

Plantation, Florida 33317

Celina Poy - Wing, M.D.

817 South University Drive, Suite 101

Plantation, Florida 33324

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affect ed 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 the original of a notic e of appeal with the Agency Clerk

of the Division of Administrative Hearings and a copy,

accompanied by filing fees prescribed by law, with the

appropriate District Court of Appeal. See Section 766.311,

Florida Statutes, and Florida Birth - Related Neurolog ical 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.