02-002766N Agustin Ysabel And Jacqueline Ysabel, On Behalf Of And As Parents And Natural Guardians Of Jeremias Ysabel, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, January 9, 2003.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AGUSTIN YSABEL and JACQUELINE )

YSABEL, on behalf of and as )

parents and natural guardians )

of JEREMIAS YSABEL, a minor, )

)

Petitioners, )

)

vs. ) Case No. 02 - 2766N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASS OCIATION, )

)

Respondent. )

)

FINAL ORDER APPROVIN G STIPULATION AND JO INT PETITION FOR

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

NEUROLOGICAL INJURY PU RSUANT TO CHAPTER 76 6, FLORIDA STATUTES

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

Florida Statutes, upon the S tipulation and J oint P etition of the

parties, the original of which was filed January 8, 2003, for

the entry of an order approv ing 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, Flori da Statutes.

By the terms of their S tipulation, the parties have agreed

that Petitioners, Agustin Ysabel and Jacqueline Ysabel, are the

parents and natural guardians of Jeremias Ysabel (Jeremias), a

minor; that Jeremias was born a live infant on Septembe r 20,

1997, at Columbia Medical Center, d/b/a Osceola Regional

Hospital, a hospital located in Kissimmee, Florida; and that his

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

further agreed that the physician delivering obstetrical

services d uring the birth of Jeremias was Munira Zafar, 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 s tipulation, the parties have agreed that

Jeremias 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 S tipulation of the parties, filed of record

January 8, 2003, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. The Petitioners, Agustin Ysabel and Jacqueline Ysabel,

are t he parents and natural guardians of Jeremias Ysabel, a

minor, are accorded an award of One hundred thousand dollars

($100,000.00), pursuant to Section 766.31(1)(b), Florida

Statutes, to be disbursed in accordance with the terms of the

parties' Stipulation.

3. Upon payment of the award of One hundred thousand

dollars ($100,000.00) to the parents (claimants), 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 exp enses, the claims of Petitioners (claimants) 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.

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 th e terms of such S tipulation.

DONE AND ORDERED this 9th day of January, 2003, in

Tallahassee, Leon County, Florida.

___________________________________

WILLIAM J. KENDRICK

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1 230 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 9th day of January, 2003.

COPIES FURNISHED :

(By certified mail)

Ronald A. Labasky, Esquire

Ronald A. Labasky, P.A.

Post Office Box 669

Tallahassee, Florida 32302

Daniel Riveiro, Jr., Esquire

Morgan, Colling & Gilbert, P.A.

Post Office Box 4979

Orlando, Florida 32802 - 4979

Kenney Shipley, Executive D irector

Florida Birth - Related Neurological

Injury Compensation Association

1435 Piedmont Drive, East, Suite 101

Post Office Box 14567

Tallahassee, Florida 32312

Munira Zafar, M.D.

720 West Oak Street, Suite 301

Kissimmee, Florida 34741

Columbia Medic al Center

a/k/a Osceola Regional Medical Hospital

700 West Oak Street

Kissimmee, Florida 34741

Ms. Charlene Willoughby

Agency for Health Care Administration

Consumer Services Unit

Post Office Box 14000

Tallahassee, Florida 32308

Mark Casteel, General C ounsel

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,

ac companied 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). Th e Notice of Appeal must be filed within 30 days of

rendition of the order to be reviewed.

MS CHARLENE WILLOUGHBY

AHCA CONSUMER SERVICES UNIT

PO BOX 14000

TALLAHASSEE FL 32308

MARK CASTEEL GEN COUNSEL

DEPT OF INSURANCE

THE CAPITOL LL - 26

TALLAHA SSEE FL 32399 - 0300

MUNIRA ZAFAR MD

720 W OAK ST STE 301

KISSIMMEE FL 34741

COLUMBIA MEDICAL CEN TER

A/K/A OSCEOLA REGION AL MEDICAL HOSPITAL

700 W OAK ST

KISSIMMEE FL 34741