09-000856N Rosette Villanueva And Oscar Villanueva, On Behalf Of And As Parents And Natural Guardians Of Sean Villanueva, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, September 4, 2009.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROSETTE VILLANUEVA AND OSCAR )

VILLANUEVA, ON BEHALF OF AND AS )

PARENTS AND NATURAL GUARDIANS )

OF SEAN VILLANUEVA, A MINOR, )

)

Petitioners, )

)

vs. ) Case No. 09-0856N

)

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

)

Respondent, )

)

and )

)

ORANGE PARK MEDICAL CENTER, )

INC., )

)

Intervenor. )

)

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 Petitioners and Respondent, filed September 3, 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, Petitioners and

Respondent have agreed that Rosette Villanueva and Oscar

Villanueva, are the parents and legal guardians of Sean

Villanueva (Sean), a minor; that Sean was born a live infant on

July 20, 2004, at Orange Park Medical Center, a "hospital" as

defined by Section 766.302(6), Florida Statutes, located in

Orange Park, Florida; and that Sean's birth weight exceeded

2,500 grams. Petitioners and Respondent have further agreed

that David Hyler, II, M.D., delivered obstetrical services at

Sean'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,

Petitioners and Respondent have agreed that Sean 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 September 3,

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

with the provisions thereof.

2. Petitioners, Rosette Villanueva and Oscar Villanueva,

as the parents and legal guardians of Sean Villanueva, 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) 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 4th day of September, 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 4th day of September, 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 4895)

Oscar Villanueva

Rosette Villanueva

4898 Deeder Court

Jacksonville, Florida 32258

(Certified Mail No. 91 7108 2133 3935 7992 4901)

Travase Erickson, Esquire

Saalfield, Shad, Jay, Stokes & Inclan, P.A.

50 North Laura Street, Suite 2950

Post Office Box 41589

Jacksonville, Florida 32203-1589

(Certified Mail No. 91 7108 2133 3935 7992 4918)

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 4925)

David F. Hyler, II, M.D.

1560 Kingsley Avenue, Suite 4

Orange Park, Florida 32073

(Certified Mail No. 91 7108 2133 3935 7992 4932)

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.