STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
MARIA RICUPA and ANGEL CUBERO, )
parents and natural guardians of ) SERGIO CUBERO, a minor, )
)
Petitioner, )
)
vs. ) CASE NO. 93-2978N
) FLORIDA BIRTH-RELATED NEUROLOGICAL ) INJURY COMPENSATION ASSOCIATION, )
)
Respondent. )
)
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 stipulation and joint petition of the parties, filed November 2, 1993, 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.
After due consideration of the interests of all parties, and being otherwise fully advised in the premises, it is
ORDERED that:
The stipulation of the parties, dated November 1, 1993, and filed of record November 2, 1993, is hereby approved and the parties are directed to comply with the provisions thereof.
Upon payment of the lump sums stipulated and past expenses, the claims of the Petitioners (Claimants) shall be deemed fully satisfied and extinguished except to the extent of Respondent's (Association's) continuing obligation under the provisions of Section 766.31, Florida Statutes, to pay future expenses as incurred.
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 future disputes, should they arise, regarding petitioners' entitlement to payment for subsequently incurred expenses.
DONE AND ORDERED in Tallahassee, Leon County, Florida, this 4th day of November 1993.
WILLIAM J. KENDRICK, Hearing Officer Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 4th day of November 1993.
COPIES FURNISHED:
(By Certified Mail)
Maria Ricupa Angel Cubero
17825 Jamestown Way, Apartment D Lutz, Florida 33549
Lynn Dickinson, Executive Director Florida Birth-Related Neurological
Injury Compensation Association Barnett Bank, Suite 312
315 Calhoun Street Tallahassee, Florida 32302
NOTICE OF RIGHT TO JUDICIAL REVIEW
PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, 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 DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE
DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.
================================================================= STIPULATION AND JOINT PETITION FOR COMPENSATION
=================================================================
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CLAIMANTS: MARIA RICUPA AND ANGEL CUBERO
parents and natural guardians of Sergio Cubero, a minor
17849 Sailfish, Apartment B Lutz, Florida 33549
ASSOCIATION: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
RESPONDENTS: JEFFREY ANGEL, M.D., TAMPA GENERAL HOSPITAL and ANY AND ALL ADDITIONAL HEALTH CARE PROVIDERS WHETHER KNOWN OR UNKNOWN INVOLVED IN THE MEDICAL TREATMENT OF THE INJURED PARTY
DATE OF INJURY: February 28, 1992
STIPULATION AND JOINT PETITION FOR COMPENSATION OF CLAIM ARISING OUT OF
FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTES
Claimants and the Association (Collectively the "Parties") hereby jointly petition for entry of an Order by the Hearing Officer of Administrative Hearings approving this Stipulation and Joint Petition for Compensation (the "Stipulation") of all claims arising out of the birth-related neurological injury (the "Injury") suffered by Sergio Cubero. The parties hereby stipulate that the facts contained herein are true and shall be considered as established by competent, substantial evidence before the Hearing Officer of Administrative Hearings:
Sergio Cubero (the "Injured Party"), incurred an Injury as that term is defined by Section 766.302(2), Florida Statutes, on or about February 28, 1992. The Injury that the Injured Party
incurred was the sole and proximate cause of his current medical condition. The Injury occurred in Hillsborough County, Florida and falls within the jurisdiction of the Hearing Officer of Administrative Hearings.
Maria Ricupa and Angel Cubero (the "Claimants'1), are the parents (or legal guardians) of the Injured Party, and are the Claimants as defined by Section 766.302(3), Florida Statutes.
Tampa General Hospital, Hillsborough County, Florida is the Hospital where the injury was incurred on February 28, 1992 as defined by Florida Statutes, Section 766.302(6).
Dr. Jeffrey Angel is a participating physician as defined in Florida Statutes, Section 766.302(7).
The Claimants have filed a petition under Section 766.305, Florida Statutes, seeking compensation from the Association, and that petition is incorporated herein by reference in the entirety, including all attachments. Any reference made within this document to the Association encompasses, where appropriate, the Florida Birth-Related Neurological Injury Compensation Plan which the Association administers.
The Claimants, the Association on behalf of itself, and all Respondents, known or unknown, agree that the aforementioned Injury comes within the jurisdiction of the Hearing Officer of Administrative Hearings and is governed by Section 766.301, et. seq., Florida Statutes.
The Claimant and Association agree that the rights and remedies granted by this plan on account of the Injury shall exclude all other rights and remedies of such infant, his parents or next of kin at common law or otherwise, against any person or entity directly or indirectly involved with the labor, delivery or resuscitation during which time the Injury occurred, arising out of or related to a medical malpractice claim with respect to such injuries and shall preclude any claim for medical malpractice against any person or entity.
The Claimants and the Association hereby agree as follows:
The Claimants shall receive from the Association a sum of ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) which shall be paid as follows:
SEVENTEEN THOUSAND ELEVEN AND NO/100 DOLLARS ($17,011.00) for the purchase of a vehicle.
NINE HUNDRED EIGHTY-THREE AND NO/100 DOLLARS ($983.00) for the purchase of automobile insurance for one year.
A sum not exceeding ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) for costs related to purchase of a home is to be advanced by the Association.
A portion of the remaining funds will be used to purchase a home for the family. The first year premium for homeowners' insurance is to be paid as well.
The parents ask for ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) for miscellaneous moving expenses.
Any funds remaining after the purchase of the home will be placed in an annuity which provides at least an annual payment for a term to be determined at a later date. The Association retains no right of ownership to the annuity.
These payments are authorized pursuant to Section 766.31(1)(b), Florida Statutes.
The Association will pay all benefits, past and future, as authorized by Section 766.31, Florida Statutes.
The Claimants further agree that payments, including future payments agreed to herein above by the terms and provision of this Stipulation, are a full, complete and absolute discharge of any and all responsibility of the Respondents, and the Association, not only to the Claimants in their official capacity as the parents of the Injured Party; but also a full and complete discharge of whatever liability the Respondents and Association has, or may have, to Claimants in their personal capacity as parents of the Injured Party. The Claimants further acknowledge that payment in full now and in the future as claims arise as provided herein above, shall result in a full and complete discharge as to any and all liability of the Respondents, or the Association, which they may have to any other relatives of the Injured Party.
The Claimants further agree that there is no evidence of bad faith, malicious purpose or willful and wanton disregard of human rights, safety, or property on the part of any of the parties or of any person or entity mentioned within this Stipulation that would otherwise support a civil action as provided in Section 766.303(2), Florida Statutes. The Claimants also acknowledge that no civil suit has been filed, nor will be filed and if a suit or notice of intent has been filed and/or served it will hereby be immediately dismissed with prejudice by motion of the Claimants, against the Respondents or the Association or any other person or entity either known or unknown
and so named as a result of the Injury sustained by the Injured Party. Nothing herein shall preclude the Claimants from assisting the Department of Professional Regulation in investigation or discipline of the physicians involved in the care of, or the birth of, the Injured Party.
The Claimants acknowledge to the Hearing Officer of Administrative Hearings that they understand this Stipulation to be a complete and final settlement in its entirety and further represent and acknowledge that they understand the option of accepting this Stipulation as opposed to whatever other rights and remedies the Claimants otherwise have had, either in their official capacity or personal capacity. Further, the Claimants represent and acknowledge to the Hearing Officer of Administrative Hearings that they understand that the Petition which has been filed seeking compensation from the Association is hereby deemed to be satisfied in its entirety, except to the extent provided as it pertains to the future payment of medical expense as authorized by Section 766.31, Florida Statutes.
The parties to this Stipulation agree that there will be no appeal of any Order entered by the Hearing Officer of Administrative Hearings approving this Stipulation.
It is understood by and between the parties that if this Stipulation is not approved by the Hearing Officer of Administrative Hearings, this Stipulation will be null, void and of no effect. It is stipulated and agreed by and between the parties that this Stipulation shall be presented to the Hearing Officer of Administrative Hearings for his consideration and for the entry of a proper Order of approval without the necessity of formal notice and as such, such notice hereby expressly waived.
It is understood and agreed that when the Hearing Officer of Administrative Hearings approves this Stipulation, that this Stipulation is not subject to modification or change, in any way, without the express written agreement between all parties to this Stipulation, except as provided in Paragraph 17.
References made in this Stipulation to the "parties" or all "parties" shall be deemed to include the Claimants in their capacity as parents and legal guardians of the injured party; the Respondents and the Association and any and all medical providers involved in the birth of the Injured Party.
In order for the Association to carry out its responsibility as provided in this Stipulation, the Claimants shall provide within thirty (30) days of the date of approval of this Stipulation, the following:
A complete list (with copies, invoices, addresses, etc.) of all known past expenses for which the Claimants seek reimbursement in accordance with the terms and provisions of this Stipulation document for medical expenses previously incurred; and
A complete list, under oath, of any source of funds or payments of any kind or nature, whether from state or federal government, prepaid health plan, health maintenance organizations, or other providers of insurance (collectively "insurance programs"); and
A fully executed authorization of release of any and all medical records, insurance program records, and such other authorization
as may, from time to time, reasonably be required by the Association to complete its duties hereunder; and
Such other reasonable information as may be required by the Association, regardless of when the point in time in which the information may be requested so lone as this Stipulation
is effective.
The Hearing Officer of Administrative Hearings shall retain jurisdiction to resolve any disputes as to interpretation of any provision of this Stipulation.
The foregoing has been read and is fully understood by the parties hereto who have executed same this day of 1st day of November, 1993.
LYNN DICKINSON, Executive Director CHERYL Florida Birth-Related Neurological Notary Public Injury Compensation Association
Barnett Bank Building
315 South Calhoun St, Suite 312 Tallahassee, Florida 32301
MARIA RICUPA, ANGEL CUBERO, as Claimant
as Claimant and natural guardiain and natural guardian of of Sergio Cubero, a minor Sergio Cubero, a minor
================================================================= DOAH ORDER DENYING DEVIATION
FROM FINAL ORDER OF NOVEMBER 4, 1993
=================================================================
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
SERGIO ANGEL CUBERO, a minor, )
by and through his parents and ) natural guardians, MARIA RICUPA ) and ANGEL CUBERO, individually, )
)
Petitioner, )
)
vs. ) CASE NO. 93-2978N
) FLORIDA BIRTH-RELATED NEUROLOGICAL ) INJURY COMPENSATION ASSOCIATION, )
)
Respondent. )
)
ORDER
This cause came on for consideration of the request of petitioner, Maria Ricupa, dated August 3, 1994, and filed August 5, 1994, for a deviation from the final order of November 4, 1993. There being no unanimity of agreement between both petitioners and respondent appearing of record, it is
ORDERED that the request of Maria Ricupa is DENIED.
DONE AND ORDERED in Tallahassee, Leon County, Florida, this 12th day of September 1994.
WILLIAM J. KENDRICK, Hearing Officer Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings
this 12th day of September 1994.
COPIES FURNISHED:
Maria Ricupa
5315 Macbeth Court
Tampa, Florida 33624
Lynn Dickinson, Executive Director Florida Birth-Related Neurological
Injury Compensation Association Post Office Box 1528
Tallahassee, Florida 32302
================================================================= DOAH ORDER APPROVING DEVIATION
FROM FINAL ORDER OF NOVEMBER 4, 1993
=================================================================
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
MARIA RUCUPA and ANGEL CUBERO )
)
Petitioner, )
)
vs. ) CASE NO. 93-2978N
) FLORIDA BIRTH-RELATED NEUROLOGICAL ) INJURY COMPENSATION ASSOCIATION, )
)
Respondent. )
)
ORDER APPROVING DEVIATION
FROM FINAL ORDER OF NOVEMBER 4, 1993
This cause came on for consideration of petitioners' request for a deviation/amendment of the Final Order of November 4, 1993, and the parties' stipulation filed November 29, 1994.
After due consideration of the interests of all parties, and being otherwise fully advised in the premises, it is
ORDERED that the stipulation of the parties, filed November 29, 1994, is hereby approved, and the Final Order of November 4,
1993, is hereby amended consistent with the terms of such stipulation.
DONE AND ORDERED in Tallahassee, Leon County, Florida, this 6th day of December 1994.
WILLIAM J. KENDRICK, Hearing Officer Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 6th day of December 1994.
COPIES FURNISHED:
Maria Ricupa Angel Cubero
5315 Macbeth Court
Tampa, Florida 33624
Lynn Dickinson, Executive Director Florida Birth-Related Neurological
Injury Compensation Association Post Office Box 1528
Tallahassee, Florida 32302
| Issue Date | Document | Summary |
|---|---|---|
| May 15, 2018 | DOAH Final Order | Order approving stipulation for lump sum payment for bathroom and/or handicap modifications of dwelling. |
| May 15, 2018 | Second DOAH FO | Order approving stipulation for lump sum payment for bathroom and/or handicap modifications dwelling. |
| Nov. 04, 1993 | DOAH Final Order | Final Order approving association`s acceptance of the claim for compensation. |
| Nov. 04, 1993 | DOAH Final Order |
