05-001183N Suleyman And Chene Olgar, On Behalf Of And As Parents And Natural Guardians Of Ahmed David Olgar, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Monday, August 15, 2005.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SULEYMAN AND CHENE OLGAR, on )

behalf of and as parents and )

natural guardians of AHMED )

DAVID OLGAR, a minor, )

)

Petitioner s , )

)

vs. ) Case No. 05 - 1183N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent. )

)

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 CHAPTER 766, FLORIDA STATUTES

This cause came on to be heard pursuant to Sections 766.304

and 766.305(7), Florida Statutes, upon the stipulation and joint

petition of the Petitioners and Respondent, filed August 11,

2005, 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 stipulation, the parties have agreed

that Petitioners, Suleyman Olgar and Chene Olgar, are the

parents and natural guardians of Ahmed Olgar (Ahmed), a deceased

minor; that Ahmed was born a live infant on January 19, 2004, at

Spring Hill Regional Hospital, a hospital located in Spring

Hill, Florida; and that Ahmed's birth weight exceeded 2,500

grams. The parties have further agreed that the physician

delivering obstetrical services at Ahmed's birth was

Samir Shakfeh, 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 parties have agreed that Ahmed s uffered 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 stipulat ion and joint petition of the parties,

filed August 11, 2005, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioners, Suleyman Olgar and Chene Olgar, as the

parents of Ahmed Olgar, a deceased minor, are awar ded One

hundred thousand dollars ($100,000.00), pursuant to Section

766.31(1)(b), Florida Statutes, to be paid in lump sum.

3. Upon payment of the award of One hundred thousand

dollars ($100,000.00), a death benefit of Ten thousand dollars

($10,000.00), a ttorney's fees and other expenses of Eleven

thousand Five hundred f ive dollars and seventy - two cents

($1 1,505.72 ), and 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 stipulatio n.

DONE AND ORDERED this 15th day of August, 2005 , in

Tallahassee, Leon County, Florida.

S

WILLIAM J. KENDRICK

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallah assee, 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 15th day of August, 2005 .

COPIES FURNISHED :

(Via certified mail)

Kenney Ship ley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

1435 Piedmont Drive, East, Suite 101

Tallahassee, Florida 32308

Thaxter A. Cooper, Esquire

Law Office of Thaxter A. Cooper

442 West Kennedy Boulevard, Suite 280

Tampa, Florida 33606

Samir F. Shakfeh, M.D.

221 Mariner Boulevard

Spring Hill, Florida 34609

Spring Hill Regional Hospital

10461 Quality Drive

Spring Hill, Florida 34609

Charlene Willoughby, Director

Consumer Services Unit - Enforcement

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

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 the original of a notice of appeal with the Agency Clerk

of the Division of Administrative Hearings and a copy,

accompanied by filing fee s prescribed by law, with the

appropriate District Court of Appeal. See Section 766.311,

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 b e filed within 30 days of

rendition of the order to be reviewed.