06-004788N Kristen Cruz And Christopher Cruz, On Behalf Of And As Parents And Natural Guardians Of Cayden Cruz, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, May 11, 2007.

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

KRISTEN CRUZ AND CHRISTOPHER )

CRUZ, ON BEHALF OF AND AS )

PARENTS AND NATURAL GUARDIANS )

OF CAYDEN CRUZ, A MINOR, )

)

Petitioner s , )

)

vs. ) Case No. 06 - 4788N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATIO N, )

)

Respondent, )

)

and )

)

SCOTT BRODY, M.D., )

)

Intervenor. )

)

FINAL ORDER APPROVIN G STIPULATION AND JO INT PETITION FOR

COMPENSATION OF CLAI M ARISING OUT OF FLORIDA BIRTH - RE LATED

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 Stipulation and J oint

P etition of the parties, filed May 9 , 200 7, 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 availabl e as

outlined in Chapter 766, Florida Statutes.

By the terms of their stipulation, the parties have agreed

that Petitioners, Kristen Cruz and Christopher Cruz , are the

parents and legal guardians of Cayden Cruz (Cayden) , a minor;

that C ayden was born a liv e infant on June 8, 2006 , at Saint

Luke's Hospital , a hospital located in D uval County, Florida;

and that C ayden 's birth weight exceeded 2,500 grams. The

parties have further agreed that the health care providers

delivering obstetrical services at C ayden ' s birth w ere Scott

Brody, M.D., and Shirley Ann Collins, ARNP, who, at all times

material hereto, w ere "participating physician [s] " in the

Florida Birth - Related Neurological Injury Compensation Plan, as

defined by Section 766.302(7), Florida Statutes. Fin ally, by

their stipulation, the parties have agreed that C ayden 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 fu lly advised in the premises, it is

ORDERED that:

1. The Stipulation and J oint P etition of the parties,

filed May 9 , 2007, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioners, Kristen Cruz and Christopher Cruz , as the

parents of Cayden Cruz , a minor, are awarded One hundred

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

766.31(1)(b), Florida Statutes, to be used for purposes

consistent with the terms of the parties' stipulation.

3. Upon payment of th e award of One hundred thousand

dollars ($100,000.00), and past expenses, the claims of

Petitioners ( C laimants) shall be deemed fully satisfied and

extinguished, except to the extent of Respondent's continuing

obligation under the provisions of Section 766 .31(2), 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' 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 11 th day of May, 2007, in

Tallahassee, Leon County, Florida.

S

WILLIAM J. KENDRICK

Ad ministrative 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 11 th day of May, 2007.

COPIES FURNISHED :

(Via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 323 08

(Certified Mail No. 7003 1010 0001 2044 5040)

Christopher Cruz

Kristen Cruz

5681 Edenfield Road, Apt. 1303

Jacksonville, Florida 32277

(Certified Mail No. 7003 1010 0001 2044 5057)

Francis E. Pierce, III, Esquire

Cooney, Mattson, Lance, Blackburn,

Richards & O'Connor, P.A.

111 North Orange Avenue, Suite 850

Post Office Box 4850

Orlando, Florida 32801

(Certified Mail No. 7003 1010 0001 2044 5064)

Charlene Willoughby, Director

Consumer Services Unit, Enforcement

Department of Health

4052 Bald Cypres s Way, Bin C75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7003 1010 0001 2044 5071)

Scott Brody, M.D.

Scott Brody, M.D., P.A.

800 Prudential Drive

Jacksonville, Florida 32207

(Certified Mail No. 7003 1010 0001 2044 5088)

Shirley Collins, ARNP

1375 Roberts Drive, No. 205

Jacksonville Beach, Florida 32250

(Certified Mail No. 7003 1010 0001 2044 5118 )

St. Luke's Hospital

4201 Belfort Road

Jacksonville, Florida 32216

(Certified Mail No. 7003 1010 0001 2044 5101)

NOTICE OF RIGHT TO JUDICIAL REV IEW

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 commenc ed 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.