STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOSE BENITEZ and CRESENCIANA )

DE PAZ, as parents and natural ) guardians of ANABEL BENITEZ, a , ) minor, )

)

Petitioners, )

)

vs. ) CASE NO. 95-1424N

) 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 May 26, 1995, 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 the terms of their stipulation, the parties have agreed that petitioners, Jose Benitez and Cresenciana De Paz, are the parents and natural guardians of Anabel Benitez (Anabel), a minor, that Anabel was born a live infant on June 30, 1994, at Glades General Hospital, a hospital located in Belle Glade, Palm Beach 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 Anabel was Ahmed Barhoush, 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 Anabel suffered a "birth-related neurological injury," as that term is defined by Section 766.302(2), Florida Statutes. The medical records attached to the petition for compensation, as well as the evaluation of Michael S. Duchowny,

M.D., of April 12, 1995, are consistent with and supportive of the parties' stipulation.

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, filed of record May 26, 1995, is hereby approved and the parties are directed to comply with the provisions thereof.

   
   

2. Upon payment of the lump sum in the manner stipulated, past expenses, and attorney's fees and expenses in the sum of ten thousand three hundred ninety-two dollars and twenty-one cents ($10,392.21), the claims of the petitioners (claimants) shall be deemed fully satisfied and extinguished, except to the extent of respondent'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 7th day of June 1995.

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 7th day of June 1995

COPIES FURNISHED:

(By Certified Mail)

William F. Sullivan, IV, Esquire Suite 210

1200 N.W. 78th Avenue Miami, Florida 33126

Lynn Dickinson, Executive Director Florida Birth-Related Neurological

Injury Compensation Association Post Office Box 1528

Tallahassee, Florida 32302

Ahmed Barhoush, M.D.

225 Southwest 1st Street Belle Glade, Florida 33430

Glades General Hospital Legal Department

38754 State Road 80

Belle Glade, Florida 33430

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

Dan Sumner

Acting General Counsel Department of Insurance The Capitol PL LL

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.

Docket for Case No: 95-001424N

Orders for Case No: 95-001424N