09-005978N Marie Lune Lafosse And Moises Lafosse, On Behalf Of And As Parents And Natural Guardians Of Gashley Lafosse, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, March 3, 2010.

Summary: Final Order Approving Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Birth-Related Neurological Injury.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARIE LUNE LAFOSSE AND MOISES )

LAFOSSE, ON BEHALF OF AND AS )

PARENTS AND NATURAL GUARDIANS )

OF GASHLEY LAFOSSE, A MINOR, )

)

Petitioners, )

)

vs. ) Case No. 09-5978N

)

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

)

Respondent, )

)

and )

)

GENE BURKETT, M.D. and JANICE )

M. MOSCOSCO, M.D., )

)

Intervenors. )

)

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 February 26, 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.

By the terms of their stipulation, the parties have agreed

that Petitioners, Marie Lune Lafosse and Moises Lafosse, are the

parents and legal guardians of Gashley Lafosse (Gashley), a

minor; that Gashley was born a live infant on or about

February 24, 2006, at Jackson Memorial Hospital, a "hospital," as

defined by Section 766.302(6), Florida Statutes; and that

Gashley's birth weight exceeded 2,500 grams. The parties have

further agreed that Gene Burkett, M.D., Johnathan Bratter, D.O.,

Maria Camille Hoffman, M.D., and Janice M. Moscosco, M.D.,

delivered obstetrical services at Gashley's birth, and at all

times material, Gene Burkett, M.D., 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 Gashley 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 February 26,

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

with the provisions thereof.

2. Petitioners, Marie Lune Lafosse and Moises Lafosse, as

the parents and legal guardians of Gashley Lafosse, a minor, are

awarded One Hundred Thousand Dollars ($100,000.00), pursuant to

Section 766.31(1)(b), Florida Statutes, to be paid in lump sum.

3. Upon payment of the award of One Hundred Thousand

dollars ($100,000.00), agreed attorney's fees of Fifteen Thousand

Dollars ($15,000.00) and other expenses of One Thousand Nine

Hundred Thirty-Six Dollars and Sixty Cents ($1,936.60), totaling

Sixteen Thousand, Nine Hundred Thirty-Six Dollars and Sixty Cents

($16,936.60), and past expenses under the provisions of Section

766.31(1)(a), the claims of Petitioners (claimants) shall be

deemed fully satisfied and extinguished, except for Respondent's

continuing obligation under the provisions of 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 dispute as to the

interpretation of any provision of the parties' stipulation and

to resolve any disputes, including but not limited to past

expenses, should they arise, regarding the parties' compliance

with the terms of such stipulation and this Final Order.

DONE AND ORDERED this 3rd day of March, 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 3rd day of March, 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. 7008 3230 0001 6307 9883)

Eric T. Halsey, Esquire

Sheftall & Torres, P.A.

1 Southeast Third Avenue, Suite 3000

Miami, Florida 33131

(Certified Mail No. 7008 3230 0001 6307 9890)

James D. DeChurch, Esquire

Fowler, White, Burnett, P.A.

Espirito Santo Plaza, 14th Floor

1395 Brickell Avenue

Miami, Florida 33131-3302

(Certified Mail No. 7008 3230 0001 6307 9906)

Jonathan Bratter, D.O.

1611 Northwest 12th Avenue

Miami, Florida 33136

(Certified Mail No. 7008 3230 0001 6307 9913)

Jackson Memorial Hospital

1611 Northwest 12th Avenue

Miami, Florida 33136

(Certified Mail No. 7008 3230 0001 6307 9920)

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. 7008 3230 0001 6307 9937)

Elizabeth Dudek, Deputy Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7008 3230 0001 6307 9944)

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.