07-005468N Marlene Zephir And Charlston Mathurin, Individually, And As The Natural Parents And Guardians Of Chanel Mathurin, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, June 10, 2008.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARLENE ZEPHIR AND CHARLSTON )

MATHURIN, INDIVIDUALLY, AND AS )

THE NATURAL PARENTS AND )

GUARDIANS OF CHANEL MATHURIN, A )

MINOR, )

)

Petitioners, )

)

vs. ) Case No. 07-5468N

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

)

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

YASIN, M.D., VICTOR HUGO )

GONZALEZ-QUINTERO, M.D., )

M.P.H., and THE PUBLIC HEALTH )

TRUST OF DADE COUNTY, )

)

Intervenors. )

)

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 June 9, 2008, 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 Marlene Zephir and Charlston Mathurin are the parents and

legal guardians of Chanel Mathurin (Chanel), a deceased minor;

that Chanel was born a live infant on September 29, 2006, at

Jackson Memorial Hospital, a "hospital" as defined by Section

766.302(6), Florida Statutes, located in Miami, Florida; and

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

have further agreed that Jerry Giles, M.D., and Salih Y. Yasin,

M.D., delivered obstetrical services at Chanel's birth, and 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 Chanel 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 June 9, 2008, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioners, Marlene Zephir and Charlston Mathurin, as

the parents and legal guardians of Chanel Mathurin, 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 Nineteen

thousand four hundred ninety-eight dollars and seventy-five

cents ($19,498.75), 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 10th day of June, 2008, in

Tallahassee, Leon County, Florida.

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 10th day of June, 2008.

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. 7005 1820 0002 9840 9032)

William M. Chapman, Esquire

Downs, Brill, Whitehead

1201 US Highway One, Suite 403

North Palm Beach, Florida 33408

(Certified Mail No. 7005 1820 0002 9840 9049)

James D. DeChurch, Esquire

Fowler, White, Burnett, P.A.

Espirito Santo Plaza, 14th Floor

1395 Brickell Avenue

Miami, Florida 33131-3302

(Certified Mail No. 7005 1820 0002 9840 9056)

Stephen A. Stieglitz, Esquire

Miami-Dade County Attorney

Metro-Dade Center

111 Northwest First Street, Suite 2800

Miami, Florida 33124-1993

(Certified Mail No. 7005 1820 0002 9840 9063)

Charlene Willoughby, 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 9070)

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.