08-003283N Ralph Santiago, A/K/A Ralph Santiago Ruiz, And Victoria Santiago, A/K/A Victoria Alejandra Illescas, On Behalf Of And As Parents And Natural Guardians Of Destiny Desire Santiago, A/K/A Destiny Desire Santiago Illescas, Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, February 25, 2009.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RALPH SANTIAGO, a/k/a RALPH )

SANTIAGO RUIZ, AND VICTORIA )

SANTIAGO, a/k/a VICTORIA )

ALEJANDRA ILLESCAS, ON BEHALF )

OF AND AS PARENTS AND NATURAL )

GUARDIANS OF DESTINY DESIRE )

SANTIAGO, a/k/a DESTINY DESIRE )

SANTIAGO ILLESCAS, DECEASED, )

)

Petitioners, )

)

vs. ) Case No. 08-3283N

)

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

)

Respondent. )

)

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 February 24, 2009, 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 Ralph Santiago and Victoria Santiago are the parents and

natural guardians of Destiny Desire Santiago Illescas (Destiny),

a deceased minor; that Destiny was born a live infant on

November 15, 2007, at Baptist Medical Center of the Beaches, a

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

located in Jacksonville, Florida; that Destiny's birth weight

exceeded 2,500 grams; and that Destiny died November 15, 2007.

The parties have further agreed that Meridith Johnson Farrow,

M.D., delivered obstetrical services at Destiny'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 Destiny 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 February 24, 2009, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioners, Ralph Santiago and Victoria Santiago, as

the parents and natural guardians of Destiny Desire Santiago

Illescas, 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. Petitioners are further awarded attorney's fees and

other expenses of Ten Thousand eight hundred eleven dollars and

forty cents ($10,811.40), pursuant to Section 766.31(1)(c),

Florida Statutes. No award is made for past expenses, as none

are owning, and no provision is made for the payment of future

Stat.

4. Upon payment of the award of One hundred thousand

dollars ($100,000.00), a death benefit of Ten thousand dollars

($10,000.00), and attorney's fees and other expenses of Ten

thousand eight hundred eleven dollars and forty cents

($10,811.40), the claims of Petitioners (Claimants) shall be

deemed fully satisfied and extinguished.

5. 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.

6. The hearing scheduled for March 4, 2009, is cancelled.

DONE AND ORDERED this 25th day of February, 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 25th day of February, 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. 7099 3400 0010 4404 3800)

William J. Scott, Esquire

The Law Office of William J. Scott, P.A.

554 Lomax Street

Jacksonville, Florida 32204-4115

(Certified Mail No. 7099 3400 0010 4404 3794)

Matthew W. Sowell, Esquire

Sowell Patacca, P.L.

12058 San Jose Boulevard, Suite 503

Jacksonville, Florida 32202-8668

(Certified Mail No. 7099 3400 0010 4404 3787)

David W. Black, Esquire

Frank, Weinberg & Black, P.L.

7805 Southwest Sixth Court

Plantation, Florida 33324

(Certified Mail No. 7099 3400 0010 4404 3770)

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 3756)

Baptist Medical Center-Beaches

1350 13th Avenue, South

Jacksonville, Florida 32250

(Certified Mail No. 7099 3400 0010 4404 3749)

Meridith Johnson Farrow, M.D.

University of Florida Beaches

Women Health Specialists

390 16th Avenue South

Jacksonville Beach, Florida 32250

(Certified Mail No. 7099 3400 0010 4404 3732)

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.