STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JAIME MEJIA and MILAGROS ROXANNA )

MEJIA, as parents and natural ) guardians of CAMILO MEJIA, a minor, )

)

Petitioners, )

)

vs. ) Case No. 95-2873N

) 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 December 3, 1997, 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, Jaime Mejia and Milagros Roxanna Mejia, are the parents and natural guardians of Camilo Mejia (Camilo), a minor; that Camilo was born a live infant on June 12, 1993, at Jackson Memorial Hospital, a hospital located in Miami, 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 Camilo 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 Camilo 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 December 3, 1997, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Upon payment of the award of One hundred thousand dollars ($100,000.00) to the parents (claimants) in the manner set forth in the parties' stipulation, payment of past expenses, and payment of attorney's fees and other expenses in an amount to be hereinafter agreed upon (subject to the approval of the administrative law judge) or assessed, the claims of the Petitioners (claimants) shall be deemed fully satisfied and extinguished, except to the extent of Respondent's (Association'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 this 5th day of December, 1997, 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

(904) 488-9675 SUNCOM 278-9675

Fax Filing (904) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 5th day of December, 1997.

COPIES FURNISHED:

(By certified mail)

Lee M. Killinger, Esquire Wilbur E. Brewton, Esquire Kelly B. Plante, Esquire

Gray, Harris and Robinson, P.A.

225 South Adams Street, Suite 250 Tallahassee, Florida 32301

David J. Halberg, Esquire

Carroll, Halberg, Jones and Abadin, P.A. Coconut Grove Bank Building, 5th Floor 2701 South Bayshore Drive

Miami, Florida 32301

W. Douglas Moody, Jr., Esquire Graham & Moody, P.A.

101 North Gadsden Street Tallahassee, Florida 32301

Lynn Dickinson, Executive Director Florida Birth-Related Neurological

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

Isidro Antonio Cardella, M.D.

9380 Southwest 150th Street, Suite 260

Miami, Florida 33157

Jackson Memorial Hospital Legal Department

14701 Northwest 27th Avenue Miami, Florida 33054

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: 95-002873N

Orders for Case No: 95-002873N