06-000458N Holly Slez And Eric Slez, On Behalf Of And As Parents And Natural Guardians Of Hayley Slez, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, July 19, 2006.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

HOLLY SLEZ AND ERIC SLEZ, on )

behalf of and as parents and )

natural guardians of HAYLEY )

SLEZ, a deceased minor, )

)

Petitioner s , )

)

vs. ) Case No. 06 - 0458N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATIO N , )

)

Respondent, )

)

and )

)

NEW PORT RICHEY HOSPITAL, INC., )

d/b/a COMMUNITY HOSPITAL OF NEW )

PORT RICHEY, )

)

Intervenor . )

)

FINAL ORDER APPROVIN G STIPUL ATION AND JOINT PETI TION 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 Sections 766.304

and 766.305(7), Florida Statutes, upon the st ipulation and joint

petition of the parties, filed July 18, 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 Statut es,

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, Holly Slez and Eric Slez, are the parents and

legal guardians of H a y ley Slez (Hayley), a deceased minor; that

Hayley was born a live infant on September 3, 2004, at Community

Hospital, a hospital located in New Port Richey, Florida; and

that Ha y ley was the product of a multiple gestation, with a

birth weight that exceede d 2,000 grams. The parties have

further agreed that the physician delivering obstetrical

services at Ha y ley's birth was Maria Olga Villa, M.D., who, at

all times material hereto, was a "participating physician" in

the Florida Birth - Related Neurological In jury Compensation Plan,

as defined by Section 766.302(7), Florida Statutes. Finally, by

their stipulation, the parties have agreed that Hayley 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 and joint petition of the parties,

filed July 18, 2006, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioners, Holly Slez and Eric Slez, as the parents

of Hayley Slez, a deceased minor, are awarded One hundred

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

766.31(1)(b)1., Florida Statutes, and a death bene fit of Ten

thousand dollars ($10,000.00), pursuant to Section

766.31(1)(b)2., 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), and p ast 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 and this

order.

DONE AND ORDERED this 19th day of July, 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 19th day of July, 2006 .

COPIES FURNISHED :

(Via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christophe r Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7002 0860 0000 9192 9588)

Richard K. Bowers, Jr., Esquire

Fowler White Boggs Banker

501 East Kennedy Boulevard, Suite 1700

Tampa, Florida 33602

(Certified Mail No. 7002 0860 0000 9192 9595)

Eric Slez

Holly Slez

3347 Meyhew Turnpike

Plymouth, New Hampshire 03264

(Certified Mail No. 7003 1010 0001 2044 4609)

Maria Olga Villa, M.D.

5422 U.S. Highway 19

New Port Richey, Florida 34652

(Certified Mail No. 7005 1820 0002 9840 7045)

Community Hospital - New Port Richey

5637 Marine Parkway

New Port Richey, Florida 34656

(Certified Mail No. 7002 0860 0000 9192 9519)

Charlene Willoughby, Director

Consumer Services Unit - Enforcement

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7002 0860 0000 9192 9601)

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 fees pres cribed 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 file d within 30 days of

rendition of the order to be reviewed.