STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ARISTIDES PEREZ AND GRECIA ) SABRINA PEREZ, ON BEHALF OF AND ) AS PARENTS AND NATURAL ) GUARDIANS OF ARIANA SABRINA ) PEREZ, A DECEASED MINOR, )

)

Petitioners, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

) ORLANDO REGIONAL HEALTHCARE ) SYSTEM, d/b/a ORLANDO REGIONAL ) SOUTH SEMINOLE HOSPITAL, )

)

Intervenor. )

Case No. 07-1709N

)

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(7), Florida Statutes, upon the Stipulation and Joint Petition of the parties, filed in three counterparts on

November 15, 2007, by Petitioners, on November 15, 2007, by Intervenor, and on November 16, 2007, by Respondent, 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 Aristides Perez and Grecia Sabrina Perez are the parents of Ariana Perez (Ariana), a deceased minor; that Ariana was born a live infant on January 28, 2006, at Orlando Regional South Seminole Hospital, a hospital located in Longwood, Florida; and that Ariana's birth weight exceeded 2,500 grams. The parties have further agreed that James L. Gross, M.D., delivered obstetrical services at Ariana's birth, and at all times material hereto, was 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 Ariana 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 and Joint Petition of the parties, filed in counterparts on November 15 and 16, 2007, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioners, Aristides Perez and Grecia Sabrina Perez, as the parents of Ariana Perez, a deceased minor, are awarded One hundred thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b)1., Florida Statutes, and a death benefit of Ten thousand dollars ($10,000.00), pursuant to Section 766.31(1)(b)2., Florida Statutes, all to be paid in lump sum.

3. Upon payment of the award of One hundred thousand dollars ($100,000.00), a death benefit of Ten thousand dollars (10,000.00), attorney's fees and other expenses of Five thousand seven hundred fifty dollars ($5,750.00), and past expenses, 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 disputes should they arise, regarding the parties' compliance with the terms of this Final Order.

DONE AND ORDERED this 19th day of November, 2007, in Tallahassee, Leon County, Florida.

S

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 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 19th day of November, 2007.

COPIES FURNISHED:

(Via Certified Mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association 2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7099 3400 0010 4404 3879)

Bradley P. Blystone, Esquire Marshall, Dennehey, Wagner, Coleman

& Goggin

315 East Robinson Street, Suite 550 Orlando, Florida 32801

(Certified Mail No. 7099 3400 0010 4404 3862)

Hugh J. Eighmie, Esquire

Gary, Williams, Parenti, Finney

Lewis, McManus, Watson and Sperando, P.L. Waterside Professional Building

221 East Osceola Street Stuart, Florida 34994

(Certified Mail No. 7099 3400 0010 4404 3855)

(Certified Mail No. 7099 3400 0010 4404 3824)

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 the original of a notice of appeal with the Agency Clerk of the Division of Administrative Hearings and a copy, accompanied by filing fees prescribed by law, with the appropriate District Court of Appeal. See Section 766.311, 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: 07-001709N

Orders for Case No: 07-001709N