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FRANK AND AUDREY DELGADO, F/K/A NICHOLAS DELGADO vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 94-002356N (1994)

Court: Division of Administrative Hearings, Florida Number: 94-002356N Visitors: 34
Petitioner: FRANK AND AUDREY DELGADO, F/K/A NICHOLAS DELGADO
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: SUSAN BELYEU KIRKLAND
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Health Care, Florida
Filed: Apr. 21, 1994
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 20, 2014.

Latest Update: Jul. 07, 2014
Summary: FINAL ORDER APPROVING STIPULATION AND JOINT PETITION FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTESFinal Order rendered approving asociation`s acceptance of claim as compensable.
94-2356

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


FRANK and AUDREY DELGADO on )

behalf of and as natural guardians ) of NICHOLAS DELGADO, a minor, )

)

Petitioners, )

)

vs. ) CASE NO. 94-2356N

) 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 November 23, 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 petitioners, Frank and Audrey Delgado, are the parents and natural guardians of Nicholas Delgado (Nicholas), a minor, that Nicholas was born a live infant on January 25, 1992, at Jackson Memorial Hospital, Dade County, 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 Nicholas was Salih Yasin, 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 Nicholas 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 medical report of Michael S. Duchowny, M.D., regarding his evaluation of

Nicholas on March 27, 1994, 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 November 23, 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 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 6th day of December 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 6th day of December 1994.



COPIES FURNISHED:

(By Certified Mail)


Ibis Hillencamp, Esquire 2350 South Dixie Highway Miami, Florida 33133

Lynn Dickinson, Executive Director Florida Birth-Related Neurological

Injury Compensation Association Post Office Box 1528

Tallahassee, Florida 32302

Dr. Donald Willis

Jackson Memorial Hospital 1611 Northwest 12th Avenue Miami, Florida 33136


Dr. M. Darda Madura Jackson Memorial Hospital 1611 Northwest 12th Avenue Miami, Florida 33136


Dr. Salih Yasin

Jackson Memorial Hospital 1611 Northwest 12th Avenue Miami, Florida 33136


Dr. Andrew Helfgott Jackson Memorial Hospital 1611 Northwest 12th Avenue Miami, Florida 33136


Jackson Memorial Hospital Legal Department

1611 Northwest 12th Avenue Miami, Florida 33136


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


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: 94-002356N
Issue Date Proceedings
Jul. 07, 2014 Certified Return Receipt received this date from the U.S. Postal Service.
Jun. 30, 2014 Certified Return Receipt received this date from the U.S. Postal Service.
Jun. 24, 2014 Certified Return Receipt received this date from the U.S. Postal Service.
Jun. 20, 2014 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Jun. 20, 2014 Final Order Approving Stipulation for Settlement. CASE CLOSED.
Jun. 18, 2014 (Joint) Stipulation for Settlement filed.
Apr. 17, 2014 Order Continuing Case in Abeyance (parties to advise status by July 14, 2014).
Apr. 14, 2014 (Respondent's) Status Report filed.
Jan. 13, 2014 Order Continuing Case in Abeyance (parties to advise status by April 14, 2014).
Jan. 13, 2014 Status Report filed.
Nov. 04, 2013 Order Continuing Case in Abeyance (parties to advise status by January 13, 2014).
Nov. 01, 2013 Status Report filed.
Aug. 15, 2013 Petitioner's Notice of Filing Class Action Documents filed.
Jul. 08, 2013 Certified Return Receipt received this date from the U.S. Postal Service.
Jul. 05, 2013 Order Placing Case in Abeyance (parties to advise status by November 1, 2013).
Jul. 03, 2013 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Jul. 03, 2013 Motion for an Indefinite Extension to Respond to Petition and to Abate Proceedings filed.
Jul. 03, 2013 Notice of Appearance (David Black) filed.
Jul. 03, 2013 Letter to parties of record from Judge Kirkland.
Jul. 02, 2013 Petition to Determine Benefits filed.
Jul. 02, 2013 Notice of Appearance (David Caldevilla) filed.
Dec. 27, 1994 Letter to M. Lockard from R. Collette (re: AHCA determined no violation committed by Dr. Helfgott filed.
Dec. 06, 1994 Final Order Approving Stipulation and Joint Petition for Compensation of Claim Arisng out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes (facts stipulated). CASE CLOSED.
Nov. 23, 1994 Stipulation And Joint Petition for Compensation of Claim Arising Out of Florida Birth Related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
Nov. 07, 1994 Ltr to WJK from D. Moody re: status filed.
Oct. 03, 1994 Neurology Evalutation (not available for viewing).
Oct. 03, 1994 CC Letter to Ann Cole from Randolph P. Collette (re: complaint file against NICA) filed.
Oct. 03, 1994 CC: Letter to I. Hillencamp from L. Dickinson (RE: medical evaluation, attached) filed.
May 04, 1994 Notification card sent out.
May 04, 1994 Letter to L. Dickinson & Interested Parties from Marguerite Lockard (w/cc: petition & medical records) sent out.
Apr. 29, 1994 Petition for Determination of Eligibility for Benefits Pursuant to Florida Statue 766.301 et seq.; Medical Records filed. (Note: additional copies to be served on parties filed. on this day).
Apr. 21, 1994 NICA Medical Records (not available for viewing).
Apr. 21, 1994 Petition for Determination of Eligibility for Benefits Pursuant to Florida Statute 766.301 et seq.; Medical Records (1 expando folder); $15.00 Filing Fee filed.

Orders for Case No: 94-002356N
Issue Date Document Summary
Dec. 06, 1994 DOAH Final Order Final Order rendered approving asociation`s acceptance of claim as compensable.
Source:  Florida - Division of Administrative Hearings

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