05-004161N Elizabeth Bonilla And Richard Bonilla, Individually And As Parents And Natural Guardians Of Their Minor Child, Richard Bonilla vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, May 2, 2006.

Summary: Final Order approving Respondent`s acceptance of the claim for Compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ELIZABETH BONILLA AND RICHARD )

BONILLA, individually and as )

parents and natural guardians )

of their minor child , RICHARD )

BONILLA , )

)

Petitioner s , )

)

vs. ) Case No. 05 - 4161N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPE NSATION ASSOCIATION , )

)

Respondent . )

)

FINAL ORDER APPROVIN G REVISED STIPULATION AND JOI NT PETITION FOR

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

N EUROLOGICAL INJURY P URSUANT TO CHAPTER 7 66, FLORIDA STATUTES

This cause came on to be heard pursuant to Sections 766.304

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

and joint petition of the parties, filed May 1, 2006 , 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, Florida Statutes,

and a resolution of the exclusive remedy otherwise available as

outlined in Ch apter 766, Florida Statutes.

By the terms of their revised stipulation, the parties have

agreed that Petitioner s , Richard Bonilla and Elizabeth Bonilla,

are the parents and legal guardians of Richard Bonilla

(Richard), a minor; that Richard was born a live infant on

May 7, 2004, at Memorial Regional Hospital, a hospital located

in Hollywood , Florida; and that Richard's birth weight exceeded

2,500 grams. The parties have further agreed that the physician

delivering obstetrical services at Richard's birth wa s

Mitchell Grabois, M.D., who, at all times material hereto, w as a

"participating physician" in the Florida Birth - Related

Neurological Injury Compensation Plan, as defined by Section

766.302(7), Florida Statutes. Finally, by their revised

stipulation, the parties have agreed that Richard 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, i t is

ORDERED that:

1. The revised stipulation and joint petition of the

parties, filed May 1 , 2006, is hereby approved, and the parties

are directed to comply with the provisions thereof.

2. Petitioner s, Richard Bonilla and Elizabeth Bonilla, as

the pare nts of Richard Bonilla, a minor, are awarded 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), attorney's fee s and other expenses of Ten

thousand five hundred dollars ($ 10 ,500.00), and past expenses,

the claims of Petitioner s (claimant s ) shall be deemed fully

satisfied and extinguished, except to the extent of Respondent's

continuing obligation under the provisio ns 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' revised

stipulati on and to resolve any disputes, should they arise,

regarding the parties' compliance with the terms of such revised

stipulation and this order.

DONE AND ORDERED this 2nd day of May, 2006 , 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 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 2nd day of May, 2006 .

COPIES FURNISHED :

(Via Certified Mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suit e 1

Tallahassee, Florida 32308

(Certified Mail No. 7005 1820 0002 9840 6987)

Michael A. Acker, Esquire

Petosa & Associates, P.A.

7251 West Palmetto Park Road, Suite 206

Boca Raton, Florida 33433

(Certified Mail No. 7005 1820 0002 9840 6994)

Memorial Re gional Hospital

3501 Johnston Street

Hollywood, Florida 33180

(Certified Mail No. 7005 1820 0002 9840 7007)

Mitchell Grabois, M.D.

21110 Biscayne Boulevard, Suite 312

Aventura, Florida 33180

(Certified Mail No. 7005 1820 0002 9840 7014)

Charlene Willou ghby, Director

Consumer Services Unit - Enforcement

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7005 1820 0002 9840 7021)

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected b y 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 fees 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 be filed within 30 days of

rendition of the order to be reviewed.