STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ALICIA VEGA and ELADIO VEGA, )

individually and as parents and ) Co-Personal Representatives of the ) Estate of JESUS RICARDO VEGA, a )

deceased minor, )

)

Petitioners, )

)

vs. ) Case No. 98-2286N

) FLORIDA BIRTH-RELATED NEUROLOGICAL ) INJURY COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

) MOUNT SINAI MEDICAL CENTER OF ) GREATER MIAMI, INC., )

)

Intervenor. )

)

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 August 17, 1998, 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, as well as counsel for Petitioner's letter of September 3, 1998, acknowledging that he authorized his name

to be stamped on the stipulation agreed to by all parties.

By the terms of their stipulation, the parties have agreed that Petitioners, Alicia Vega and Eladio Vega, are the parents of Jesus Ricardo Vega (Jesus), a deceased minor, and the Co-Personal Representatives of the Estate of Jesus Ricardo Vega; that Jesus was born a live infant on July 4, 1995, at Mount Sinai Medical Center of Greater Miami, Inc., Miami Beach, Florida; and that his birth weight was in excess of 2,500 grams. The parties have further agreed that the physician delivering obstetrical services during the birth of Jesus was Nigel Alexander Spier, 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 Jesus 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, filed of record

   
   

   August 17, 1998, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioners, Alicia Vega and Eladio Vega, as the parents of Jesus Richard Vega, are hereby accorded a lump sum award of One hundred thousand dollars ($100,000.00).

3. Upon payment of the lump sum award of One hundred thousand dollars ($100,000.00) to the parents (claimants), payments of past expenses, and payment of attorney's fees and other expenses of Thirteen thousand eight dollars and forty-six cents ($13,008.46), the claims of the 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' stipulation and to resolve any disputes, should they arise, regarding the parties' compliance with the terms of such stipulation.

DONE AND ORDERED this 9th day of September, 1998, in Tallahassee, Leon County, Florida.

WILLIAM J. KENDRICK

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 9th day of September, 1998.

COPIES FURNISHED:

(By certified mail)

Robert J. Bryan, Esquire 815 Northwest 57th Avenue No. 201

Miami, Florida 33126

Lynn Dickinson, Executive Director Florida Birth-Related Neurological

Injury Compensation Association Post Office Box 14567 Tallahassee, Florida 32317-4567

John D. Kelner, Esquire

Law offices of Kelner & King, L.L.P. 455-S Presidential Circle

4000 Hollywood Boulevard

Hollywood, Florida 33021

Nigel Alexander Spier, M.D. 10067 Pines Boulevard, Suite B

Pembroke Pines, Florida 33024-6236

Mount Sinai Medical Center of Greater Miami, Inc.

Legal Department 4300 Alton Road

Miami Beach, Florida 33140-2800

Ms. Charlene Willoughby

Agency for Health Care Administration Consumer Services Unit

Post Office Box 14000 Tallahassee, Florida 32308

Daniel 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.

Docket for Case No: 98-002286N

Orders for Case No: 98-002286N