06-000804N Luz M. Chacon And Rony E. Reyes, As Co-Personal Representatives Of The Estate Of Jasmine Alejandra Reyes And Individually, As Surviving Mother And Father, Respectively, Of Their Decedent Child, Jasmine Alejandra Reyes vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, October 6, 2006.

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

LUZ M. CHACON AND RONY E. )

REYES, as co - personal )

representatives of the estate )

of JASMINE ALEJANDRA REYES and )

individually, as surviving )

mother and father, )

respectively, of their decedent )

child, JASMINE ALEJANDRA REYES, )

)

Petitioners, )

)

vs. ) Case No. 06 - 0804N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

)

RICHARD M. STRASSBERG, M.D.; )

JERRY M. GILLES, M.D.; SALIH Y. )

YASIN, M.D.; and PUBLIC HEALTH )

TRUST OF MIAMI - DADE COUNTY, )

)

Intervenors. )

)

FINAL ORDER APPROVING STIPULATION AND JOINT PETITION FOR

COMPENSATION OF CLAIM AND AMENDMENT TO STIPULATION AND JOINT

PETITION FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA 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 j oint

petition of the parties, filed September 22, 2006, and amendment

to stipulation and joint petition of the parties, filed

September 28, 2006, for the entry of an order approving the

resolution of a formal claim for compensation benefits

heretofore file d 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,

Florida Statutes.

By the terms of their stipulation the parties have agreed

that Petitioners, Luz M. Chacon and Rony E. Reyes, are the

parents of Jasmine Alejandra Reyes (Jasmine), a deceased minor;

that Jasmine was born a live infant on November 1, 2002, at

Jackson Memorial Hospital, a hospital located in Miami, Florida;

and that Jas mine's birth weight exceeded 2,500 grams. The

parties have further agreed that the physicians delivering

obstetrical services at Jasmine's birth were Richard M.

Strassberg, M.D., Jerry M. Gilles, M.D., and Saliah Y. Yasin,

M.D., who, at all times material hereto, were "participating

physician[s]" 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 Jasmine suffered a "birth - relate d 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 pet ition of the parties,

filed September 22, 2006 , and amendment to stipulation and joint

petition, filed September 28, 2006, are hereby approved, and the

parties are directed to comply with the provisions thereof.

2. Petitioners, Luz M. Chacon and Rony E . Reyes, as the

parents of Jasmine Alejandra Reyes, 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 benefit of

Ten thousand dollars ($10,000.00), pursuant to Sectio n

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), attorney's fees and other expenses of Nine

thousand eight hund red thirty six dollars and forty cents

($9,836.40), 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 a ny dispute as to the

interpretation of any provision of the parties' stipulation and

amendment to stipulation, and to resolve any disputes, should

they arise, regarding the parties' compliance with the terms of

such stipulation, amendment to stipulation, a nd this order.

DONE AND ORDERED this 6th day of October, 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 6th day of October, 2006.

COPIES FURNISHED :

(Via Certified Mai l)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7002 0860 0000 9192 9816)

David A. Helfand, Esquire

David A. Helfan d, P. A.

One Southeast Third Avenue, Suite 2920

Miami, Florida 33131

(Certified Mail No. 7002 0860 0000 9192 9823)

David W. Black, Esquire

Frank, Weinberg & Black, P.L.

7805 Southwest Sixth Court

Plantation, Florida 33324

(Certified Mail No. 7002 0860 0 000 9192 9830)

James D. DeChurch, Esquire

Fowler, White, Burnett, P.A.

Espirito Santo Plaza, 14th Floor

1395 Brickell Avenue

Miami, Florida 33131 - 3302

(Certified Mail No. 7002 0860 0000 9192 9847)

Stephen A. Stieglitz, Esquire

Miami - Dade County Attorne y

Metro - Dade Center

111 Northwest First Street, Suite 2800

Miami, Florida 33124 - 1993

(Certified Mail No. 7002 0860 0000 9192 9854)

Charlene Willoughby, Director

Consumer Services Unit - Enforcement

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tal lahassee, Florida 32399 - 3275

(Certified Mail No. 7002 0860 0000 919 1 7059)

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 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 mus t be filed within 30 days of

rendition of the order to be reviewed.