13-003392N Zacha Wilson Ortiz And Andres Ortiz, Individually And As Parents And Next Friends Of Julian Ortiz, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, March 28, 2014.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ZACHA WILSON ORTIZ AND ANDRES

ORTIZ, individually and as

parents and next friends of

JULIAN ORTIZ, a minor,

Petitioners,

vs. Case No. 13 - 3392N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent,

and

ERIC EDELENBOS, D.O., R. ROLAND

POWERS, D.O., NORTH FLORIDA

OB/GYN ASSOCIATES, P.A., AND

ORANGE PARK MEDICAL CENTER,

INC.,

Intervenors.

_______________________________/

FINAL ORDER APPROVING STIPU LATION FOR ENTRY OF AWARD

This cause came on for consideration pursuant to sections

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

and Joint Petition for Compensation of Claim Arising out of

Florida Birth - Related Neurological Injury Pursua nt to Chapter

766, Florida Statutes (Stipulation and Joint Petition), filed

with the Division of Administrative Hearings on March 25, 2014,

for the entry of an order approving the resolution of a claim for

compensation benefits filed in accordance with the provisions of

chapter 766 and a resolution of the exclusive remedy otherwise

available as outlined in chapter 766.

By the terms of their stipulation, Petitioners, Zacha Wilson

Ortiz and Andres Ortiz, individually, and as parents and next

friends of Julian Ortiz, a minor, and Respondent, the Florida

Birth - Related Neurological Injury Compensation Association (NICA)

have agreed that Zacha Wilson Ortiz and Andres Ortiz are the

parents and legal guardians of Julian Ortiz (Julian), a minor;

that Zacha Wilson Ort iz and Andres Ortiz are the "Claimants" as

defined by section 766.302(3); that Julian was born a live infant

on or about April 2, 2013, at Orange Park Medical Center, a

ÐhospitalÑ as defined by section 766.302(6) located in Orange

Park, Florida; and that J ulianÓs birth weight exceeded 2,500

grams. The Parties have further agreed that Eric Edelenbos,

D.O. , and R. Roland Powers, D.O. , provided obstetrical services

at JulianÓs delivery and, at all material times, were

Ðparticipating physiciansÑ in the Florida Birth - Related

Neurological Injury Compensation Plan, as defined by section

766.302(7). The Parties have agreed that Julian suffered a

Ðbirth - related neurological injury,Ñ as that term is defined by

section 766.302(2), which was the sole and proximate cau se of

JulianÓs permanent and substantial mental and physical

impairments.

It is ORDERED:

1. The Stipulation and Joint Petition filed on March 25,

2014, is hereby approved, and the Parties are directed to comply

with the provisions of the Stipulation and J oint Petition.

2. Petitioners, Zacha Wilson Ortiz and Andres Ortiz, as the

parents and natural guardians of Julian Ortiz, a minor, are

awarded one hundred thousand dollars ($100,000.00), pursuant to

section 766.31(1)(b)1, to be paid as a lump sum payment;

payment of previously incurred expenses that are compensable

pursuant to section 766.31(1)(a) up to and including the

effective date of the Joint Stipulation and Petition, subject to

the provisions of paragraph 19 of the Stipulation and Joint

Petition; and payment of future expenses as incurred.

3 . Respondent shall pay McMillen Law Firm, A Professional

Association, attorneys for Petitioners, ten thousand dollars

($10,000.00) for attorney's fees and four hundred thirty - two

dollars and forty - eight cents ( $432.48) for expenses, totaling

ten thousand four hundred thirty - two dollars and forty - eight

cents ($10,432.48) in full, for services rendered in the filing

of Petitioners' claim.

4 . Upon the payment of the award of $100,000.00, past

benefit/expenses, an d attorneysÓ fees and costs, the claims of

Petitioners shall be deemed fully satisfied and extinguished,

except for Respondent's continuing obligation under section

766.31(2) to pay future expenses as incurred.

5 . The Division of Administrative Hearings r etains

jurisdiction over this matter to resolve any disputes, should they

arise, regarding the P artiesÓ compliance with the terms of this

Order.

DONE AND ORDERED this 28th day of March , 2014 , in

Tallahassee, Leon County, Florida.

S

SUSAN BELYEU KIRKLAND

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 o f the

Division of Administrative Hearings

this 28th day of March , 2014 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallah assee, Florida 32308

(Certified Mail No. 7013 2630 0000 4176 6714)

Travase Lloyd Erickson, Esquire

Saalfield, Shad, Stokes, Inclan,

Stoudemire and Stone, P.A.

245 Riverside Avenue , Suite 400

Jacksonville, Florida 32202

(Certified Mail No. 7013 2630 0000 4176 6721)

Allison C. McMillen, Esquire

McMillen Law Firm

608 East Central Boulevard

Orlando, Florida 32801

(Certified Mail No. 7013 2630 0000 4176 6738)

Richard E. Ramsey, Esquire

Wicker, Smith, O`Hara,

McCoy and Ford, P.A.

50 North Laura Stree t , Suite 2700

Jacksonville, Florida 32202

(Certified Mail No. 7013 2630 0000 4176 6745)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 701 3 2630 0000 4176 6752)

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7013 2630 0000 4176 6769)

NOTICE OF RIGHT TO JUDICIAL REVIEW

Review of a final order of an administrative law judge shall be

by appeal to the District Court of Appeal pursuant to section

766.311(1), Florida Statutes. Review proceedings are governed by

the Florida Rules of Appellate Procedure. Such proceedings ar e

commenced by filing the original notice of administrative appeal

with the a gency c lerk of the Division of Administrative Hearings

within 30 days of rendition of the order to be reviewed, and a

copy, accompanied by filing fees prescribed by law, with the

clerk of the appropriate District Court of Appeal. See

§ 766.311(1), Fla. Stat., and Fla. Birth - Related Neurological

Injury Comp. Ass'n v. Carreras , 598 So. 2d 299 (Fla. 1st DCA

1992).