07-001709N Aristides Perez And Grecia Sabrina Perez, On Behalf Of And As Parents And Natural Guardians Of Ariana Sabrina Perez, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Monday, November 19, 2007.

Summary: Final Order approving Association`s acceptance of the claim for compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ARISTIDES PEREZ AND GRECIA )

SABRINA PEREZ, ON BEHALF OF AND )

AS PARENTS AND NATURAL )

GUARDIANS OF ARIANA SABRINA )

PEREZ, A DECEASED MINOR, )

)

Petitioners, )

)

vs. ) Case No. 07-1709N

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

)

ORLANDO REGIONAL HEALTHCARE )

SYSTEM, d/b/a ORLANDO REGIONAL )

SOUTH SEMINOLE HOSPITAL, )

)

Intervenor. )

)

FINAL ORDER APPROVING 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 Joint

Petition of the parties, filed in three counterparts on

November 15, 2007, by Petitioners, on November 15, 2007, by

Intervenor, and on November 16, 2007, by Respondent, 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 Chapter 766, Florida Statutes.

By the terms of their stipulation, the parties have agreed

that Aristides Perez and Grecia Sabrina Perez are the parents of

Ariana Perez (Ariana), a deceased minor; that Ariana was born a

live infant on January 28, 2006, at Orlando Regional South

Seminole Hospital, a hospital located in Longwood, Florida; and

that Ariana's birth weight exceeded 2,500 grams. The parties

have further agreed that James L. Gross, M.D., delivered

obstetrical services at Ariana's birth, and 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 Ariana 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 in counterparts on November 15 and 16, 2007, is hereby

approved, and the parties are directed to comply with the

provisions thereof.

2. Petitioners, Aristides Perez and Grecia Sabrina Perez,

as the parents of Ariana Perez, 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 Section

766.31(1)(b)2., Florida Statutes, all 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 Five thousand

seven hundred fifty dollars ($5,750.00), 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 disputes should

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

this Final Order.

DONE AND ORDERED this 19th day of November, 2007, 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

[phone] SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 19th day of November, 2007.

COPIES FURNISHED:

(Via Certified Mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7099 3400 0010 4404 3879)

Bradley P. Blystone, Esquire

Marshall, Dennehey, Wagner, Coleman

& Goggin

315 East Robinson Street, Suite 550

Orlando, Florida 32801

(Certified Mail No. 7099 3400 0010 4404 3862)

Hugh J. Eighmie, Esquire

Gary, Williams, Parenti, Finney

Lewis, McManus, Watson and Sperando, P.L.

Waterside Professional Building

221 East Osceola Street

Stuart, Florida 34994

(Certified Mail No. 7099 3400 0010 4404 3855)

Wendell B. Hays, Esquire

Broad and Cassel

390 North Orange Avenue, Suite 1100

Orlando, Florida 32801

(Certified Mail No. 7099 3400 0010 4404 3848)

Charlene Willoughby, Director

Consumer Services Unit - Enforcement

Department of Health

4052 Bald Cypress Way, Bin C-75

Tallahassee, Florida 32399-3275

(Certified Mail No. 7099 3400 0010 4404 3831)

David L. Goss, M.D.

485 Primera Boulevard, Suite 1031

Lake Mary, Florida 32746

(Certified Mail No. 7099 3400 0010 4404 3817)

Orlando Regional Medical Center

1414 Kuhl Drive

Orlando, Florida 32806

(Certified Mail No. 7099 3400 0010 4404 3824)

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 must be filed within 30 days of

rendition of the order to be reviewed.