10-009439N Sandra Oliveras, On Behalf Of And As Parent And Natural Guardian Of Jayden Oliveras, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, February 23, 2011.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SANDRA OLIVERAS, on behalf of )

and as parent and natural )

guardian of JAYDEN OLIVERAS, a )

minor , )

)

Petitioner , )

)

vs. ) Case No. 10 - 9439N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION , )

)

Respondent, )

)

and )

)

RAUL MONTENEGRO, M.D., )

)

Intervenor . )

)

FINAL ORDER APPROVIN G STIPULATION AND JO INT PETITION

FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BI RTH - RELATED

NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTE S

This cause came on for consideration pursuant to s ections

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

and J oint P etition of the parties, filed February 17, 2011 , 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 c hapter 766, Florida Statutes,

and a resolution of the exclusive remedy otherwise availabl e as

outlined in c hapter 766.

By the terms of their stipulation, the parties have agreed

that Sandra Oliveras is the mother and legal guardian of

Jayden Oliveras ( Jayde n), a minor; that Jayden was born a live

infant on or about February 19, 2008, at Bayfro nt Medical

Center , a "hospital" as defined by s ection 766.302(6), located

in St. Petersburg, Florida; and that Jayden 's birth weight

exceeded 2,500 grams. The parties have further agreed that

Raul Montenegro, M.D. , delivered obstetrical services at

Jayden 's birth, and at all times material hereto, was a

"participating physician" in the Florida Birth - Related

Neurological Injury Compensation Plan, as defined by s ection

766.302(7). Finally, by their stipulation, the parties have

agreed that Jayden suffered a "birth - related neurological

injury," as that term is defined by s ection 766.302(2).

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, fi led February 17,

2011 , is hereby approved, and the parties are directed to comply

with the provisions thereof.

2. Petitioner, Sandra Oliveras , as the mother and legal

guardian of Jayden Oliveras , a minor, is awarded One hundred

thousand dollars ($100,000. 00), pursuant to s ection

766.31(1)(b)1., to be paid in periodic payments.

3. Lee Gunn, Esquire , attorney for Petitioner, is awarded

an agreed attorney's fee of Ten thousand dollars ($10,000.00)

and agreed expenses of Five hundred dollars ($ 500.00 ), totali ng

Ten thousand , five hundred dollars and no cents ($1 0 , 500 . 00 ), as

payment in full, for services rendered in the filing of this

claim.

4. Upon payment of the award of One hundred thousand

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

pas t benefits/expenses, the claims of Petitioner ( C laimant)

shall be deemed fully satisfied and extinguished, except for the

Respondent's continuing obligation under s ection 766.31(2), to

pay future expenses as incurred.

5. With regard to the issues reserved in the parties'

Stipulation, including but not limited to any dispute regarding

past benefits/expenses, a hearing will be scheduled by a

separate notice of hearing to address those issues. As for the

date of hearing, the parties shall, within 45 days of the date

of this Order, advise the undersigned Administrative Law Judge,

with specificity, of the matters remaining in dispute, of

several mutually agreeable dates for hearing, and of the time

required for such hearing.

6. The Division of Administrative H earings 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 23rd day of February , 2011 , 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

(850) 488 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 23rd day of February , 2011 .

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. 7010 1670 0000 3097 0706)

Lee D. Gunn , IV , Esquire

Ryan Lopez, Esquire

Gunn Law Group, P.A.

400 North Ashley Drive, Suite 2050

Tampa, Florida 33602

(Certified Mail No. 7010 1670 0000 3097 0713)

Da vid S. Nelson, Esquire

Barr, Murman & Tonell, P.A.

201 East Kennedy Boulevard, Suite 1700

Tampa, Florida 33602

(Certified Mail No. 7010 1670 0000 3097 0720)

Bayfront Medical Center

Risk Management

701 6 th Street South

St. Petersburg, Florida 33701

(Cer tified Mail No. 7010 1670 0000 3097 0737)

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. 7010 1670 0000 3097 0744 )

Elizabeth Dudek, D eputy Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7010 1670 0000 3097 0751)

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected b y this F inal O rder 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.