STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LUCIENNE ELIAS and BELANSE ORIOL, )

as parents and natural guardians ) of BELANCIA ELIAS, a deceased minor, )

)

Petitioners, )

)

vs. ) Case No. 97-1099N

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

)

Respondent. )

)

FINAL ORDER APPROVING CLAIM FOR COMPENSATION

Pursuant to Sections 766.304 and 766.305(6), Florida Statutes, a hearing was held in the above-styled case to address whether the Florida Birth-Related Neurological Injury Compensation Association's (Association's) acceptance of the claim for compensation should be approved.

Upon consideration of the record, as well as the parties' agreements, it is

ORDERED that:

1. The claim for compensation filed by Lucienne Elias and Belanse Oriol, as parents and natural guardians of

   Belancia Elias, a deceased minor,1 and the Association's acceptance of the claim for compensation be and the same is hereby approved.

2. Consistent with the provisions of Section 766.31(1)(a), Florida Statutes, the Association shall make immediate payment of

   all expenses previously incurred. Since the infant is deceased, an award for future expenses, as contemplated by Section 766.31(2), Florida Statutes, is unnecessary.

3. Lucienne Elias and Belanse Oriol, as parents and natural guardians of Belancia Elias, a deceased minor, are hereby awarded One hundred thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b), Florida Statutes, to be paid in a lump sum. Such award is distinctly separate from the award for medical expenses heretofore made.

4. Pursuant to Section 766.31(c), Florida Statutes, Petitioners are also entitled to an award for reasonable expenses incurred in connection with the filing of the claim, including reasonable attorney's fees. The parties are accorded thirty (30) days from the date of this order to resolve, subject to approval by the administrative law judge, the amount of such award. If not resolved within such period, the parties will so advise the administrative law judge, and a hearing will be scheduled to resolve such issue.

5. Pursuant to Section 766.312, Florida Statutes, jurisdiction is reserved 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 September, 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 19th day of September, 1997.

ENDNOTE

1/ As announced and agreed to at the hearing, the infant, Belancia Elias, is now deceased.

COPIES FURNISHED:

(By certified mail)

Stephen L. Malove, Esquire Malove & Kaufman, P.A.

Flagler Station, Penthouse 104

48 East Flagler Street Miami, Florida 33131

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

Dr. Dora A. Fernandez Jackson Memorial Hospital

Newborn Special Care Unit, Central 500 1611 Northwest 12th Avenue

Miami, Florida 33136

Jackson Memorial Hospital Legal Department

1611 Northwest 12th Avenue Miami, Florida 33136

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: 97-001099N

Orders for Case No: 97-001099N