09-001015N Arlene Fabregas And Jene Fabregas, On Behalf Of And As Parents And Natural Guardians Of Charis Faith Fabregas, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, August 30, 2017.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ARLENE FABREGAS AND JENE )

FABREGAS, ON BEHALF OF AND AS )

PARENTS AND NATURAL GUARDIANS )

OF CHARIS FAITH FABREGAS, A )

MINOR, )

)

Petitioners, )

)

vs. ) Case No. 09-1015N

)

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 for consideration pursuant to Sections

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

and Joint Petition of the parties, filed May 14, 2010, 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. 1

By the terms of this stipulation, the parties have agreed

that Arlene Fabregas and Jene Fabregas are the parents and legal

guardians of Charis Faith Fabregas (Charis), a minor; that

Charis was born a live infant on or about June 28, 2007, at

Memorial Hospital West, a "hospital" as defined by Section

766.302(6), Florida Statutes, located in Pembroke Pines,

Florida; and that Charis' birth weight exceeded 2,500 grams.

The parties have further agreed that Joanne Richards, M.D.,

delivered obstetrical services at Charis' 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 Charis 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, filed May 14, 2010,

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

the provisions thereof.

2. Petitioners Arlene Fabregas and Jene Fabregas, as the

parents and legal guardians of Charis Faith Fabregas, a minor,

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

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

in periodic payments subject to written directions to be

supplied by the parents to NICA within a reasonable time from

date of this Order.

3. Upon payment of the award of One hundred thousand

dollars ($100,000.00), and past benefits/expenses, the claims of

Petitioners (Claimants) shall be deemed fully satisfied and

extinguished, except to the extent of 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 as to the

interpretation of any provision of the parties' Stipulation

and/or any disputes should they arise, regarding the parties'

compliance with the terms of their Stipulation and this Final

Order.

DONE AND ORDERED this 20th day of May, 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 20th day of May, 2010.

ENDNOTE

1/ This case was twice scheduled for final formal hearing upon

Respondent's denial of compensability. However, on May 7, 2010,

by telephonic conference call, counsel for Respondent advised

that upon further oral advice from its medical witnesses, the

claim would be accepted as compensable.

COPIES FURNISHED :

(Via Certified Mail)

Tana D. Storey, Esquire

Brewton Plante, P.A.

225 South Adams Street, Suite 250

Tallahassee, Florida 32301

(Certified Mail No. 7005 1820 0002 9840 5485)

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 5492)

Jene Fabregas

Arlene Fabregas

2294 Northwest 74th Avenue

Pembroke Pines, Florida 33024

(Certified Mail No. 7005 1820 0002 9840 5508)

Joanne Richards, M.D.

1150 North 35th Avenue, No. 405

Hollywood, Florida 33021

(Certified Mail No. 7005 1820 0002 9840 5515)

Memorial Hospital West

703 North Flamingo Road

Pembroke Pines, Florida 33028

(Certified Mail No. 7005 1820 0002 9840 5522)

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 5539)

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 5546)

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 Fla. Birth-Related Neurological Injury

Comp. Ass'n. 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.