08-004985N Yaima Orozco And Maykel Amador, On Behalf Of And As Parents And Natural Guardians Of Yaikel Amador, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 5, 2012.

Summary: Final order approving parties' stipulated award.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

YAIMA OROZCO AND MAYKEL AMADOR, )

ON BEHALF OF AND AS PARENTS AND )

NATURAL GUARDIANS OF YAIKEL )

AMADOR, A MINOR, )

)

Petitioners, )

)

vs. ) Case No. 08-4985N

)

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

)

Respondent, )

)

and )

)

KENDALL REGIONAL MEDICAL )

CENTER, FRANCISCO G. TUDELA, )

M.D., and FRANCISCO G. TUDELA, )

M.D., P.A., )

)

Intervenors. )

)

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on to be heard pursuant to Section 766.31,

Florida Statutes, upon the Stipulation for Entry of Award, filed

July 23, 2009.

After due consideration of the interests of all parties,

and being otherwise fully advised in the premises, it is

ORDERED that:

1. The Stipulation for Entry of Award, filed July 23,

2009, is approved, and the parties are directed to comply with

the provisions thereof.

2. Petitioners, Yaima Orozco and Maykel Amador, as the

parents and natural guardians of Yaikel Amador, 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 Seven

thousand five hundred dollars ($7,500.00), and past expenses,

the claims of Petitioners (Claimants) shall be deemed fully

satisfied and extinguished. No provision is made for the

payment of future expenses, as Yaikel Amador is deceased.

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 23rd day of July, 2009, 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]

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 23rd day of July, 2009.

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. 91 7108 2133 3935 7992 4574)

Scott E. Solomon, Esquire

Falk, Waas, Hernandez, Cortina,

Solomon & Bonner, P.A.

Two Alhambra Plaza, Suite 750

Coral Gables, Florida 33134

(Certified Mail No. 91 7108 2133 3935 7992 4581)

Orlando R. Ruiz, Esquire

Law Offices of Orlando R. Ruiz

Offices at Pinecrest, Suite 200

7695 Southwest 104th Street

Miami, Florida 33156

(Certified Mail No. 91 7108 2133 3935 7992 4598)

David W. Black, Esquire

Frank, Weinberg & Black, P.L.

7805 Southwest Sixth Court

Plantation, Florida 33324

(Certified Mail No. 91 7108 2133 3935 7992 4604)

Deborah J. Gander, Esquire

Colson Hicks Eidson

255 Aragon Avenue, No. 200

Coral Gables, Florida 33134

(Certified Mail No. 91 7108 2133 3935 7992 4611)

Charlene Willoughby, Director

Consumer Services Unit - Enforcement

Department of Health

4052 Bald Cypress Way, Bin C-75

Tallahassee, Florida 32399-3275

(Certified Mail No. 91 7108 2133 3935 7992 4628)

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.