STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

TRACY CHAVEZ and ABEL CHAVEZ, as )

parents and natural guardians of ) ABEL J. CHAVEZ, a minor, )

)

Petitioners, )

)

vs. ) Case No. 98-5110N

) 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 March 11, 1999, 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, Tracy Chavez and Abel Chavez, are the parents and natural guardians of Abel J. Chavez (Abel), a minor; that Abel was born a live infant on November 26, 1993, at SMH Homestead Hospital, a hospital located in Homestead, 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 Abel was Charles Anderson Augustus, II, 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 Abel 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

   
   

   March 11, 1999, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. The Petitioners, Tracy Chavez and Abel Chavez, as the parents and natural guardians of Abel J. Chavez, a minor, are accorded a lump sum award of One hundred thousand dollars ($100,000.00), to be used for the purposes set forth in the parties' stipulation.

3. Upon payment of the lump sum award of One hundred thousand dollars ($100,000.00) to the parents (claimants), payment of past expenses, and payment of attorney's fees and other expenses incurred in filing the claim for compensation of Two thousand dollars ($2,000.00), 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.

4. 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 15th day of March, 1999, 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

(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 15th day of March, 1999.

COPIES FURNISHED:

(By certified mail)

Tracy and Abel Chavez

29735 Southwest 152nd Court Homestead, Florida 33033

Theodore S. Forman, Esquire Forman Law Offices, P.A. International Building PHW 2455 East Sunrise Boulevard

Fort Lauderdale, Florida 33304

Lynn Dickinson, Executive Director Florida Birth-Related Neurological

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

Charles Anderson Augustus, II, M.D. 1555 North Krome Avenue

Homestead, Florida 33030

SMH Homestead Hospital Legal Department

160 Northwest 13th Street Homestead, Florida 33030

Ms. Charlene Willoughby

Agency for Health Care Administration Consumer Services Unit

Post Office Box 14000 Tallahassee, Florida 32308

Daniel Y. 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: 98-005110N

Orders for Case No: 98-005110N