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ALICIA DRISCOLL AND ROBERT BLEAU, O/B/O GABRIELLE BLEAU vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 99-000158N (1999)

Court: Division of Administrative Hearings, Florida Number: 99-000158N Visitors: 11
Petitioner: ALICIA DRISCOLL AND ROBERT BLEAU, O/B/O GABRIELLE BLEAU
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: Jan. 12, 1999
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 27, 2014.

Latest Update: Jul. 09, 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 approving association`s acceptance of the claim for compensation.
99-0158.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


ALICIA DRISCOLL and ROBERT BLEAU, )

as parents and natural guardians ) of GABRIELLE BLEAU, a minor, )

)

Petitioners, )

)

vs. ) Case No. 99-0158N

) 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 24, 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, Alicia Driscoll and Robert Bleau, are the parents and natural guardians of Gabrielle Bleau (Gabrielle), a minor; that Gabrielle was born a live infant on September 7, 1998, at Flagler Hospital, a hospital located in St. Johns County, Florida; and that her birth weight was in excess of 2,500

grams. The parties have further agreed that the physician delivering obstetrical services during the birth of Gabrielle was Susan Yarian, 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 Gabrielle 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 24, 1999, is hereby approved, and the parties are directed to comply with the provisions thereof.

  2. The Petitioners, Alicia Driscoll and Robert Bleau, the parents and natural guardians of Gabrielle Bleau, 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) and payment of 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.

  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 25th 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 25th day of March, 1999.


COPIES FURNISHED:

(By certified mail)


Alicia Driscoll and Robert Bleau

260 Cervantes Avenue

St. Augustine, Florida 32095


Lynn Dickinson, Executive Director Florida Birth-Related Neurological

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

Susan Yarian, M.D. Suite 215

201 Health Park Boulevard

St. Augustine, Florida 32086


Flagler Hospital, Inc. Legal Department

1955 U.S. Highway One, South St. Augustine, Florida 32086


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: 99-000158N
Issue Date Proceedings
Jul. 09, 2014 Certified Return Receipt received this date from the U.S. Postal Service.
Jul. 03, 2014 Certified Return Receipt received this date from the U.S. Postal Service.
Jul. 01, 2014 Certified Return Receipt received this date from the U.S. Postal Service.
Jun. 27, 2014 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Jun. 27, 2014 Final Order Approving Stipulation for Settlement. CASE CLOSED.
Jun. 26, 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.
May 29, 2013 Certified Return Receipt received this date from the U.S. Postal Service.
May 29, 2013 Order Placing Case in Abeyance (parties to advise status by November 1, 2013).
May 24, 2013 Letter to parties of record from Judge Kirkland.
May 23, 2013 Motion for an Indefinite Extension to Respond to Petition and to Abate Proceedings filed.
May 23, 2013 Notice of Appearance (David Black) filed.
May 22, 2013 Petition to Determine Benefits filed.
May 21, 2013 Notice of Appearance (David Caldevilla) filed.
Mar. 24, 2013 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Mar. 25, 1999 CASE CLOSED. Final Order Approving Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statute sent out.
Mar. 24, 1999 Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
Mar. 16, 1999 (Respondent) Notice of Filing; Original report of J. Baquero, M.D. Medical Records filed (not available for viewing).
Feb. 23, 1999 Letter to A. Driscoll & R. Bleau from L. Dickinson Re: Disbursement of funds filed.
Feb. 09, 1999 Order sent out. (Motion granted)
Jan. 25, 1999 (Respondent) Motion to Act as a Qualified Representative Before the Division of Administrative Hearings rec`d
Jan. 13, 1999 Ltr. to L. Dickinson + interested parties from M. Lockard encl. NICA claim for compensation with medical records sent out.
Jan. 13, 1999 Notification Card sent out.
Jan. 12, 1999 NICA Medical Records filed (not available for viewing).
Jan. 12, 1999 Authorization for Release of Medical Information filed.
Jan. 12, 1999 Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq.; $15.00 Filing Fee (Ck# 223); Certificate of Live Birth; Medical Records; Cover Letter from Parents filed.

Orders for Case No: 99-000158N
Issue Date Document Summary
Mar. 25, 1999 DOAH Final Order Final Order approving association`s acceptance of the claim for compensation.
Source:  Florida - Division of Administrative Hearings

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