07-005275N Huyen Pham And Tony Nguyen On Behalf Of And As Parents And Natural Guardians Of Maddison Nguyen, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, October 28, 2008.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

HUYEN PHAM AND TONY NGUYEN ON )

BEHALF OF AND AS PARENTS AND )

NATURAL GUARDIANS OF MADDISON )

NGUYEN, A MINOR, )

)

Petitioners, )

)

vs. ) Case No. 07-5275N

)

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

)

Respondent, )

)

and )

)

ROBERT WILLIAM ANDREW, M.D., )

)

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 October 23, 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 Huyen Pham and Tony Nguyen are the parents and legal

guardians of Maddison Nguyen (Maddison), a deceased minor; that

Maddison was born a live infant on August 15, 2007, at Sacred

Heart Hospital, a "hospital" as defined by Section 766.302(6),

Florida Statutes, located in Pensacola, Florida; that Maddison's

birth weight exceeded 2,500 grams; and that Maddison died

March 2, 2008. The parties have further agreed that

Brian Sontag, M.D., and Robert Andrews, M.D., delivered

obstetrical services at Maddison'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 Maddison

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 October 23, 2008, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioners, Huyen Pham and Tony Nguyen, as the parents

and legal guardians of Maddison Nguyen, 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), 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.

5. The hearing scheduled for January 6, 2009, is

cancelled.

DONE AND ORDERED this 28th day of October, 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 28th day of October, 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. 7007 2680 0000 9309 0472)

Rogelio J. Fontela, Esquire

Dennis, Jackson, Martin & Fontela, P.A.

1591 Summit Lake Drive, Suite 200

Tallahassee, Florida 32317

(Certified Mail No. 7007 2680 0000 9309 0489)

Tony H. Nguyen

Huyen Pham

6776 Redfield Street

Navarre, Florida 32566

(Certified Mail No. 7007 2680 0000 9309 0496)

Tony H. Nguyen

Huyen Pham

2807 Roxton Street

Sulphur, Louisiana, 70663

(Certified Mail No. 7007 2680 0000 9309 0526)

Tana D. Storey, Esquire

Brewton Plante, P.A.

225 South Adams Street, Suite 250

Tallahassee, Florida 32301

(Certified Mail No. 7007 2680 0000 9309 0502)

Charlene Willoughby, Director

Consumer Services Unit - Enforcement

Department of Health

4052 Bald Cypress Way, Bin C-75

Tallahassee, Florida 32399-3275

(Certified Mail No. 7007 2680 0000 9309 0519)

Brian Sontag, M.D.

1340 Upland Crest Court

Gulf Breeze, Florida 32563

(Certified Mail No. 7007 2680 0000 9309 0342)

Sacred Heart Hospital

5151 North 9th Avenue

Pensacola, Florida 32504

(Certified Mail No. 7007 2680 0000 9309 0335)

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.