03-001711N Megan Martin And Stephen Martin, On Behalf Of And As Parents And Natural Guardians Of Dylan Martin, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, August 15, 2003.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MEGAN MARTIN AND STEPHEN )

MARTIN, as parents and natural )

guardians of DYLAN MARTIN, a )

minor, )

)

Petitioners, )

)

vs. ) Case No. 03 - 1711N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

)

SOUTH BROWARD HOSPITAL )

DISTRICT, d/b/a MEMORIAL )

HOSPITAL WEST, and EMILIO )

JUNCOSA, M.D. and WOMEN'S )

HEALTHCARE PARTNERS, )

)

Intervenors. )

)

FINAL ORDER APPROVING STIP ULATION AND JOINT PE TITION FOR

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

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 August 11, 2003, 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, Flori da 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, Megan Martin and Stephen Martin, are the

parents and natu ral guardians of Dylan Martin (Dylan), a deceased

minor; that Dylan was born a live infant on April 1, 2000, at

Memorial Hospital West, a hospital located in Pembroke Pines,

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 Dylan was Nigel Spier,

M.D., who, at all times material hereto, was a participating

physician in the Florida Birth - Related Neurological Injury

Compensation Plan, as defi ned by Section 766.302(7), Florida

Statutes. Finally, by their stipulation, the parties have agreed

that Dylan 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 August 11, 2003,

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

the provisions thereof.

2. Petition ers, Megan Martin and Stephen Martin, as the

parents and natural guardians of Dylan Martin, a deceased minor,

are accorded a lump sum award of One hundred thousand dollars

($100,000.00), and One thousand five hundred dollars ($1,500.00)

for funeral expense s.

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

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

thousand five hundred dollars ($1,500.00) for funeral expenses,

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 with the terms of such stipulation.

DONE AND ORDERED this 15th day of August, 2003, in

Tallahassee, Leon County, Florida.

S

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 - 684 7

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 15th day of August, 2003.

COPIES FURNISHED :

(by certified mail)

William C. Ruggiero, Esquire

200 East Broward Boulevard, Suite 1100

Fort Lauderdale, Florida 33301

Kenney Shipley, Executive Director

Florida Birth - Related Neurological

Injury Compensation Association

1435 Piedmont Drive, East, Suite 101

Post Office Box 14567

Tallahassee, Florida 32312

George E. Bunnell, Esquire

Bun nell, Woulfe, Kirschbaum, Keller,

McIntyre & Gregoire, P.A.

888 East Las Olas Boulevard, Suite 400

Fort Lauderdale, Florida 33301

William F. Fink, Esquire

Wicker, Smith, O'Hara, McCoy,

Graham & Ford, P.A.

Grove Plaza, 5th Floor

2900 Southwest 28th Te rrace

Miami, Florida 33133

Nigel Spier, M.D.

3700 Washington Street, Suite 300

Hollywood, Florida 33021

Emilio J. Juncosa, M.D.

601 Flamingo Road, Suite 411

Pembroke Pines, Florida 33028

Helen A. Han, M.D.

601 Flamingo Road, Suite 411

Pembroke Pines, Florida 33028

Memorial Hospital West

703 Flamingo Road

Pembroke Pines, Florida 33028

Ms. Charlene Willoughby

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is a dversely 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 the orig inal of a notice 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 - R elated 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.