STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

YENI SILVA, on behalf of and as natural parent and natural guardian of ANGELI CHRISTINE GARAY, a minor,

vs.

Petitioner,

Case No. 12-3966N

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent,

and

MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC., d/b/a MOUNT SINAI MEDICAL CENTER, DOUGLAS GOTLIN, M.D., AND RAMON U. FERRA, M.D.,

Intervenors.

/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on for consideration pursuant to sections

766.304 and 766.305(7), Florida Statutes, upon the Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes (Stipulation and Joint Petition), filed with the Division of Administrative Hearings on June 3, 2013, for the entry of an order approving the resolution of a claim for compensation benefits filed in accordance with the

provisions of chapter 766 and a resolution of the exclusive remedy otherwise available as outlined in chapter 766.

By the terms of their stipulation, Petitioner, Yeni Silva, on behalf of and as parent and natural guardian of

Angeli Christine Garay, a minor, and Respondent, the Florida Birth-Related Neurological Injury Compensation Association (NICA) have agreed that Yeni Silva is the parent and legal guardian of Angeli Christine Garay (Angeli), a minor; that Angeli was born a live infant at Mount Sinai Medical Center, a “hospital” as defined by section 766.302(6) located in Miami, Florida; and that Angeli's birth weight exceeded 2,500 grams. The Parties have further agreed that Douglas Gotlin, M.D.;

Dr. Ramun U. Ferra, M.D.; and Mauricio Bitran, M.D., provided obstetrical services at Angeli's delivery and were “participating physicians” in the Florida Birth-Related Neurological Injury Compensation Plan, as defined by section 766.302(7). The Parties have agreed that on or about

December 24, 2012, Angeli suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Angeli's permanent and substantial mental and physical impairments.

It is ORDERED:

1. The Stipulation and Joint Petition filed on June 3, 2013, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioner, Yeni Silva, as the parent and legal guardian of Angeli Christine Garay, a minor, is awarded $100,000.00, pursuant to section 766.31(1)(b)1, to be paid as a lump sum; payment of benefits up to and including the effective date of the Joint Stipulation and Petition pursuant to section 766.31(1)(a), subject to the provisions of paragraph 19 of the Stipulation and Joint Petition; and payment of future expenses as incurred.

3. Respondent shall pay Gamba and Lombana P.A. (Hector J. Lombana, Esquire, and Araly Herrera-Borgen, Esquire), attorneys for Petitioner, $7,500.00 for attorney's fees and $755.95 for expenses, totaling $8,255.95 in full, for services rendered in the filing of Petitioner's claim.

4. Upon the payment of the award of $100,000.00, attorney's fees and other expenses totaling $8,255.95 incurred in connection with the filing of this claim, and past benefit/expenses, the claims of Petitioner shall be deemed fully satisfied and extinguished, except for Respondent's continuing obligation under section 766.31(2) to pay future expenses as incurred.

5. 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 Order.

DONE AND ORDERED this 6th day of June, 2013, in Tallahassee,

Leon County, Florida.

S

SUSAN BELYEU KIRKLAND

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 6th day of June, 2013.

COPIES FURNISHED:

(Via Certified Mail)

Araly Herrera-Borgen, Esquire Gamba and Lombana, P.A. Mezzanine

2701 Ponce de Leon Boulevard Coral Gables, Florida 33134

(Certified Mail No. 7012 1010 0001 8358 3169)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association 2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7012 1010 0001 8358 3176)

Scott Edward Solomon, Esquire Falk, Waas, Hernandez, Cortina,

Solomon and Bonner, P.A. Suite 500

135 San Lorenzo Avenue Coral Gables, Florida 33146

(Certified Mail No. 7012 1010 0001 8358 3183)

David W. Black, Esquire

Frank, Weinberg and Black, P.L.

Elizabeth Dudek, Secretary Health Quality Assurance

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7012 1010 0001 8358 3213)

Mauricio Yomtov Bitran, M.D. Suite 790

4308 Alton Road

Miami Beach, Florida 33140

(Certified Mail No. 7012 1010 0001 8358 3220)

NOTICE OF RIGHT TO JUDICIAL REVIEW

Review of a final order of an administrative law judge shall be by appeal to the District Court of Appeal pursuant to section 766.311(1), Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original notice of administrative appeal with the agency clerk of the Division of Administrative Hearings within 30 days of rendition of the order to be reviewed, and a copy, accompanied by filing fees prescribed by law, with the clerk of the appropriate District Court of Appeal. See § 766.311(1), Fla. Stat., and Fla. Birth-Related Neurological Injury Comp. Ass'n v. Carreras, 598 So. 2d 299 (Fla. 1st DCA 1992).

Docket for Case No: 12-003966N

Orders for Case No: 12-003966N