14-001431N Erika Marie Velazquez, On Behalf Of And As Parent And Natural Guardian Of Amirah Hope Velazquez-Williams, A Now Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, October 1, 2014.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ERIKA MARIE VELAZQUEZ, on behalf

of and as parent and natural

guardian of AMIRAH HOPE

VELAZQUEZ - WILLIAMS, a now

deceased minor,

Petitioner,

vs. Case No. 14 - 1431N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPEN SATION

ASSOCIATION,

Respondent,

and

ROSE MARY SOBEL, M.D.,

Intervenor.

_______________________________/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on for consideration pursuant to secti ons

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 Pursuant to Chapter

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

with the Division of Administrative Hearings on September 30,

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, Petitioner, Erika Marie

Velazquez, as parent and natural guardian of Amirah Hope

Velazquez - Williams , deceased, and Respondent, the Florida Birth -

Related Neurological Injury Compensat ion Association (NICA) , have

agreed that Erika Marie Velazquez is the parent and legal

guardian of Amirah Hope Velazquez - Williams ( Amirah ), deceased;

that Amirah was born a live infant on or about May 1, 2012 , at

Seven Rivers Regional Medical Center , a Ðho spitalÑ as defined by

section 766.302(6) located in Crystal River , Florida; and that

Amirah Ós birth weight exceeded 2,500 grams. The Parties have

further agreed that Rose Sobel , M.D., provided obstetrical

services at Amirah Ós delivery and was a Ðparticipa ting physicianÑ

in the Florida Birth - Related Neurological Injury Compensation

Plan, as defined by section 766.302(7). The Parties have agreed

that Amirah suffered a Ðbirth - related neurological injury,Ñ as

that term is defined by section 766.302(2), which was the sole

and proximate cause of her injury and subsequent death.

It is ORDERED:

1. The Stipulation and Joint Petition filed on September 30,

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

with the provisions of the Stipulation and Jo int Petition.

2. Petitioner, Erika Marie Velazquez, as the parent and

legal guardian of Amirah Hope Velazquez - Williams , deceased, is

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

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

benefits up to and including the effective date of the Joint

Stipulation and Petition pursuant to section 766.31(1)(a), subject

to the provisions of paragraph 20 of the Stipulation and Joint

Petition; and payment of the $10,000.00 death benefit pursuant to

section 766.31(1)(b)1.

3. NICA will reimburse Tom Copeland, Esquire , attorney for

Petitioner, an agreed upon attorneyÓs fee of $ 12,000.00 and

expenses of $ 1,697.56 , totaling $ 13,697.56 in full for services

rendered in the filing of this claim.

4. Upo n the payment of the award of $100,000.00, the death

benefit of $10,000.00, past benefit/expenses, and $ 13,697.56 for

attorneyÓs fees and costs, the claims of Petitioner shall be

deemed fully satisfied and extinguished.

5. The Division of Administrative H earings retains

jurisdiction over this matter to resolve any disputes, should they

arise, regarding the partiesÓ compliance with the terms of this

Order.

DONE AND ORDERED this 1st day of October , 2014 , in

Tallahassee, Leon County, Florida.

S

BARBARA J. STAROS

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 C lerk of the

Division of Administrative Hearings

this 1st day of October , 2014 .

COPIES FURNISHED:

(via certified mail)

Tom L. Copeland, Esquire

Meldon Law

703 North Main Street , Suite A

Gainesville, Florida 32601

( Certified Mail No. 7014 1200 0002 3336 4242)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

( Certified Mail No. 7014 1200 0002 3336 4259 )

Michelle S. Putvin, Esquire

La Cava & Jacobson, P.A.

Suite 2500

101 East Kennedy Boulevard

Tampa, Florida 33602

( Certified Mail No. 7014 1200 0002 3336 4266 )

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7014 1200 0002 3336 4273)

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7014 1200 0002 3336 4280)

Sev en Rivers Regional Medical Center

Attention: Risk Management

6201 North Suncoast Boulevard

Crystal River, Florida 34428

(Certified Mail No. 7014 1200 0002 3336 4297)

NOTICE OF RIGHT TO JUDICIAL REVIEW

Review of a final order of an administrative la w 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 are

commenced by filing the original notice of admi nistrative 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).