STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

NILDA RODRIGUEZ, as parent and ) natural guardian of ALINA MENDOZA, ) a minor, and NILDA RODRIGUEZ, ) individually, )

)

Petitioners, )

)

vs. ) CASE NO. 93-6540N

) 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 Sections 766.304 and 766.305(6), Florida Statutes, upon the stipulation and joint petition of the parties, filed July 29, 1994, 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 Statues.

By the terms of their stipulation, the parties have agreed that Petitioner, Nilda Rodriguez is the parent and natural guardian of Alina Mendoza (Alina), that Alina was born a live infant on October 13, 1989, at Jackson Memorial Hospital, Miami, Florida, and that her birth weight was in excess of 2,500 grams. The parties have further agreed that the physician delivery obstetrical services during the birth of Alina was Mary Jo O'Sullivan, 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 stipulation, the parties have agreed that Alina 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 stipulation of the parties, dated July 21, 1994, and filed of record July 29, 1994, is hereby approved and the parties are directed to comply with the provisions thereof.

   
   

2. Upon payment of the lump sums stipulated and past expenses, the claims of the Petitioner (Claimant) 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.

   
   

3. 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 disputes, should they arise, regarding the parties' compliance with the terms of such stipulation.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 19th day of August 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 19th day of August 1994.

COPIES FURNISHED:

(By Certified Mail)

Tomas F. Gamba, Esquire Colson, Hicks, Eidson, et al. 47th Floor

200 South Biscayne Boulevard Miami, Florida 33131-2351

Lynn Dickinson, Executive Director

Florida Birth-Related Neurological Injury Compensation Association

Post Office Box 1528 Tallahassee, Florida 32302

Ms. Charlene Willoughby Department of Business

and Professional Regulation Consumer Services

Suite 60

1940 North Monroe Street Tallahassee, Florida 32399-0750

Ms. Tanya Williams

Division of Health Quality Assurance Hospital Section

Agency for Health Care Administration 2727 Mahan Drive

Tallahassee, Florida 32308

Bill O'Neil General Counsel

Department of Insurance The Capitol PL LL

Tallahassee, Florida 32399-0300

Dr. Mary Jo O'Sullivan c/o University of Miami Derinda S. Pell (D2-4) Post Office Box 016960 Miami, Florida 33101

Jackson Memorial Hospital Legal Department

1611 N.W. 12th Avenue Miami, Florida 33136

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.

Docket for Case No: 93-006540N

Orders for Case No: 93-006540N