99-002901N Berthony Aldophe And Armante Dupuy, On Behalf Of And As Parents And Natural Guardians Of Mixmase Florence Aldophe, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Monday, January 22, 2001.

Summary: Final Order Approving the Florida Birth-Related Neurological Injury Compensation Association`s Acceptance of the Claim for Compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BERTHONY ALDOPHE and ARMANTE DUPUY , )

as parents and natural guardians of )

MIXMASE FLORENCE ALDOPHE, a )

deceased minor )

)

Petitioners , )

)

vs. ) Case No. 99-2901N

)

FLORIDA BIRTH-RELATED NEUROLOGICAL )

INJURY COMPENSATION ASSOCIATION , )

)

Respondent , )

)

and )

)

TIMOTHY D. O'LEARY, M.D.; W. ERIC )

FROHN, M.D.; and ORLANDO REGIONAL )

HEALTHCARE SYSTEM, INC. , )

)

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 to be heard pursuant to Section 766.304,

Florida Statutes, upon the S tipulation and J oint P etition of

Petitioners and Respondent, filed December 26, 2000, 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 letter of

January 11, 2001, filed January 16, 2001, Intervenors advised

that they have no objection to the approval of the Stipulation

and the acceptance of this claim as compensable.

By the terms of their S tipulation, the parties have agreed

that Petitioners, Berthony Aldophe and Armante Dupuy, are the

parents and natural guardians of Mixmase Florence Aldophe

(Mixmase), a deceased minor; that Mixmase was born a live infant

on January 18, 1996, at Orlando Regional Medical Center, Orange

County, Florida; and that her birth weight was in excess of 2,500

grams. The parties have further agreed that the physician

delivering obstetrical services during the birth of Mixmase was

Timothy O'Leary, M.D., who was, at all times material hereto, a

participating physician in the Florida Birth-Related Neurological

Injury Compensation Plan, as defined by Section 766.302(7),

Florida Statutes. Finally, by their S tipulation, the parties

have agreed that Mixmase 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 S tipulation of the parties, filed of record

December 26, 2000, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioners, Berthony Aldophe and Armante Dupuy, as the

parents and natural guardians of Mixmase Florence Aldophe, a

deceased minor, are accorded a lump sum award of One hundred

thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b),

Florida Statutes.

3. Upon payment of the award of One hundred thousand

dollars ($100,000.00) to the parents (claimants), payment of past

expenses, and payment of attorney's fees and other expenses

incurred in connection with the filing of the claim which, if not

agreed to between the parties, will be assessed at a later date,

the claims of Petitioners (claimants) shall be deemed fully

satisfied and extinguished.

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' S tipulation and

to resolve any disputes, should they arise, regarding the

parties' compliance with the terms of such S tipulation.

DONE AND ORDERED this 22nd day of January, 2001, in

Tallahassee, Leon County, Florida.

___________________________________

WILLIAM J. KENDRICK

Administra tive Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488- 9675 SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 22nd day of January, 2001.

COPIES FURNISHED:

(By certified mail)

Kenneth J. McKenna, Esquire

Dellecker, Wilson & King, P.A.

719 Vassar Street

Orlando, Florida 32804

W. Douglas Moody, Esquire

Graham, Moody & Sox, P.A.

215 South Monroe Street

Post Office Box 2174

Tallahassee, Florida 32301

Bradley P. Blystone, Esquire

Mateer & Harbert, P.A.

Post Office Box 2854

Orlando, Florida 32802-2854

Timothy O'Leary, M.D.

1414 Kuhl Avenue

Orlando, Florida 32806

Orlando Regional Medical Center

Legal Department

1414 Kuhl Avenue

Orlando, Florida 32806

Lynn Larson, Executive Director

Florida Birth-Related Neurological

Injury Compensation Association

Post Office Box 14567

Tallahassee, Florida 32317-4567

Ms. Charlene Willoughby

Agency for Health Care Administration

Consumer Services Unit

Post Office Box 14000

Tallahassee, Florida 32308

Daniel Y. Sumner, General Counsel

Department of Insurance

The Capitol, Lower Level 26

Tallahassee, Florida 32399-0300

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 one copy of a Notice of Appeal with the Agency Clerk of the

Division of Administrative Hearings and a second copy, accompanied

by filing fees prescribed by law, with the appropriate District

Court of Appeal. See Section 120.68(2), 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.