09-001005N Angel Donato Perez, A Minor, By And Through His Parents And Natural Guardians, Elvira Torres And Carlos L. Perez, And Elvira Torres And Carlos L. Perez, Individually vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, March 22, 2019.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ANGEL DONATO PEREZ, a minor, by )

and through his parents and )

natural guardians, ELVIRA )

TORRES AND CARLOS L. PEREZ, AND )

ELVIRA TORRES AND CARLOS L. )

PEREZ, individually, )

)

Petitioners, )

)

vs. ) Case No. 09-1005N

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

)

VICTOR HUGO GONZALEZ-QUINTERO, )

M.D., M.P.H., AND THE PUBLIC )

HEALTH TRUST, )

)

Intervenors. )

)

FINAL ORDER CANCELLING HEARING

AND APPROVING STIPULATION AS TO BENEFITS/EXPENSES

This cause came on for consideration pursuant to Sections

766.304 and 766.305(7), Florida Statutes, upon the Stipulation

as to Benefits/Expenses, filed July 14, 2010, for 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.

On September 22, 2009, an Order was entered, approving

Respondent's proposal to accept Petitioners' claim for

compensation.

By an Order entered May 13, 2010, it was determined that

all notice requirements had been met.

Ultimately, a final hearing on benefits was scheduled, but

on July 14, 2010, Petitioners and Respondent NICA filed a

Stipulation as to Benefits/Expenses, which acknowledged that "by

Order entered September 22, 2009, the Administrative Law Judge

approved the Respondent's proposal to accept Petitioners' claim

for compensation" and "by Order entered May 13, 2010, the ALJ

noted that the Petitioners waived litigation of whether

Intervenors complied with the Notice requirements of Fla. Stat.

766.316, and that no party has challenged that waiver." By

further terms of their Stipulation as to Benefits and Expenses,

Petitioners and Respondent have agreed that the only remaining

issue is a determination as to the benefits/expenses to be

awarded from Respondent to Petitioners and addresses amounts of

the award of benefits/expenses.

On July 29, 2010, Intervenor Victor Hugo Gonzalez-Quintero,

M.D., filed a letter of "no opposition" to the Stipulation. On

August 9, 2010, Intervenor Public Health Trust filed a letter of

"no opposition" to the Stipulation.

After due consideration of the interests of all parties,

and being otherwise fully advised in the premises, it is

ORDERED:

1. The final hearing now scheduled for September 17, 2010,

is hereby cancelled.

2. The Stipulation as to Benefits/Expenses filed July 14,

2010, is hereby approved, and the parties are directed to comply

with the provisions thereof.

3. Petitioners Elvira Torres and Carlos L. Perez, as the

parents and natural guardians of Angel Donato Perez, a minor,

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

to Section 766.31(1)(b)1., Florida Statutes, to be paid as a

lump sum within 15 days of this Order.

4. The law firm of Rossman, Reboso, Spier & Connolly,

P.A., inclusive of Lincoln J. Connolly, Esquire, is awarded an

agreed attorney's fee of Eight thousand dollars ($8,000.00) and

expenses of One thousand, seventy-two dollars and fifty-six

cents ($1,072.56), payable by NICA within 15 days of this Order.

5. Upon payment of the award of One hundred thousand

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

past benefits/expenses, the claim 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.

6. With regard to any dispute regarding past

benefits/expenses, not resolved administratively by the parties,

a hearing will be scheduled by a separate notice of hearing. As

for the date of such hearing, the parties shall advise the

undersigned Administrative Law Judge, with specificity, of the

matters remaining in dispute, of several mutually available

dates for hearing, and of the amount of time required for such

hearing.

7. 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 Order.

DONE AND ORDERED this 19th day of August, 2010, in

Tallahassee, Leon County, Florida.

S

ELLA JANE P. DAVIS

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 19th day of August, 2010.

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 5270)

Lincoln J. Connolly, Esquire

Rossman, Baumberger, Reboso

Spier & Connolly, P.A.

Courthouse Tower, 23rd Floor

44 West Flagler Street

Miami, Florida 33130-1808

(Certified Mail No. 7005 1820 0002 9840 5287)

David W. Black, Esquire

Frank, Weinberg & Black, P.L.

7805 Southwest Sixth Court

Plantation, Florida 33324

(Certified Mail No. 7005 1820 0002 9840 5294)

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 5300)

Ronald J. Bernstein, Esquire

Office of the County Attorney

Stephen P. Clark Center

111 Northwest 1st Street, Suite 2810

Miami, Florida 33128

(Certified Mail No. 7005 1820 0002 9840 5317)

Amalinnette Zito, M.D.

West Palm Beach Health Center

1150 45th Street

West Palm Beach, Florida 33407

(Certified Mail No. 7005 1820 0002 9840 5324)

Bridget Buzzella, M.D.

1600 Northwest 10th Avenue

Miami, Florida 33136

(Certified Mail No. 7005 1820 0002 9840 5331)

Gregory Latchaw, M.D.

12959 Palms West Drive, Suite 130

Loxahatchee, Florida 33470

(Certified Mail No. 7005 1820 0002 9840 5348)

Ileana Perez, M.D.

7000 Southwest 62nd Street

Suite 200A

Miami, Florida 33143

(Certified Mail No. 7005 1820 0002 9840 5355)

Joseph Etienne, M.D.

1600 Northwest 10th Avenue

Miami, Florida 33136

(Certified Mail No. 7005 1820 0002 9840 5362)

Juliana Gaitan, M.D.

1600 Northwest 10th Avenue

Miami, Florida 33136

(Certified Mail No. 7005 1820 0002 9840 5379)

Lieschen Quiroz, M.D.

4940 Eastern Avenue

Baltimore, Maryland 21224

(Certified Mail No. 7005 1820 0002 9840 5386)

Loren Smarskusky, M.D.

University Texas Southwestern

5323 Harry Hines Boulevard

Dallas, Texas 75235

(Certified Mail No. 7005 1820 0002 9840 5393)

Public Health Trust

1611 Northwest 12th Avenue

Miami, Florida 33136

(Certified Mail No. 7005 1820 0002 9840 5409)

Amy Rice, Acting Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C-75

Tallahassee, Florida 32399-3275

(Certified Mail No. 7005 1820 0002 9840 5416)

Elizabeth Dudek, Deputy Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7005 1820 0002 9840 5423)

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.