08-000665N Fatima Cruz And Michael Quinn, On Behalf Of And As Parents And Natural Guardians Of Joshua Isiah Quinn, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, July 11, 2008.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FATIMA CRUZ AND MICHAEL QUINN, )

ON BEHALF OF AND AS PARENTS AND )

NATURAL GUARDIANS OF JOSHUA )

ISIAH QUINN, A MINOR, )

)

Petitioners, )

)

vs. ) Case No. 08-0665N

)

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

)

Respondent, )

)

and )

)

ST. MARY'S MEDICAL CENTER, )

)

Intervenor. )

)

FINAL ORDER APPROVING AMENDED 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 Amended Stipulation

and Joint Petition of the parties, filed July 10, 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 Fatima Cruz and Michael Quinn, are the parents and legal

guardians of Joshua Isiah Quinn (Joshua), a minor; that Joshua

was born a live infant on July 1, 2005, at St. Mary's Medical

Center, a "hospital" as defined by Section 766.302(6), Florida

Statutes, located in West Palm Beach, Florida; and that Joshua's

birth weight exceeded 2,500 grams. The parties have further

agreed that Felix Andarsio, Jr., M.D., delivered obstetrical

services at Joshua'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 Joshua 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 Amended Stipulation and Joint Petition of the

parties, filed July 10, 2008, is hereby approved, and the

parties are directed to comply with the provisions thereof.

2. Petitioners, Fatima Cruz and Michael Quinn, as the

parents and legal guardians of Joshua Isiah Quinn, a minor, are

awarded One hundred thousand dollars ($100,000.00), pursuant to

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

purposes consistent with the terms of the parties' stipulation.

3. Upon payment of the award of One hundred thousand

dollars ($100,000.00), attorney's fees and other expenses of

Eight thousand one hundred seventy-two dollars and thirty-three

cents ($8,172.33), and past expenses, the claims of Petitioners

(Claimants) shall be deemed fully satisfied and extinguished,

except for Respondent's continuing obligation under 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 disputes should

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

this Final Order.

DONE AND ORDERED this 11th day of July, 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 11th day of July, 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 8844)

Paul M. Silva, Esquire

Glinn, Somera & Silva

212 North Federal Highway

Deerfield Beach, Florida 33441

(Certified Mail No. 7005 1820 0002 9840 8851)

Adam W. Rhys, Esquire

Wicker, Smith, O'Hara, McCoy & Ford, P.A.

Post Office Box 2508

West Palm Beach, Florida 33402

(Certified Mail No. 7005 1820 0002 9840 8868)

David W. Black, Esquire

Frank, Weinberg & Black, P.L.

7805 Southwest Sixth Court

Plantation, Florida 33324

(Certified Mail No. 7005 1820 0002 9840 8875)

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 8882)

Felix Andarsio, Jr., M.D.

1397 State Road 7, No. 440

Wellington, Florida 33414

(Certified Mail No. 7005 1820 0002 9840 8899)

St. Mary's Medical Center

901 45th Street

West Palm Beach, Florida 33407

(Certified Mail No. 7005 1820 0002 9840 8905)

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.