STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JENNIFER MARIE SASS and RICHARD )

DAVID ZAPPIER, as parents and ) natural guardians of JESSICA ) ZAPPIER, a minor, )

)

Petitioners, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent. )

Case No. 01-4657N

)

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 April 29, 2002, 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, Jennifer Marie Sass and Richard David Zappier, are the parents and natural guardians of Jessica Zappier

(Jessica), a minor; that Jessica was born a live infant on

April 27, 1998, at Columbia Medical Center, a hospital located in St. Lucie County, Florida; and that her birth weight exceeded 2,500 grams. The parties have further agreed that the physician delivering obstetrical services during the birth of Jessica was Evans M. Collins, M.D., and that he 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 Jessica 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

   
   

   April 29, 2002, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioners, Jennifer Marie Sass and Richard David Zappier, as the parents and natural guardians of Jessica Zappier, are accorded a lump award of One hundred thousand dollars ($100,000.00), to be used for purposes consistent with the terms of the parties' Stipulation.

3. Upon payment of the award of One hundred thousand dollars ($100,000.00) to the parents (claimants), attorney's fees and other expenses of Twelve thousand dollars ($12,000.00) incurred in pursuing the subject claim, 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 2nd day of May, 2002, 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 2nd day of May, 2002.

COPIES FURNISHED:

(By certified mail)

Lynn Larson, Executive Director Florida Birth-Related Neurological

Injury Compensation Association 1435 Piedmont Drive, East, Suite 101

Tallahassee, Florida 32312

H. Mark Vieth, Esquire Tilghman & Vieth, P.A.

One Biscayne Tower, Suite 2410

2 South Biscayne Boulevard Miami, Florida 33131

Evan M. Collins, M.D.

3498 Northwest Federal Highway Jensen Beach, Florida 34957

Columbia Medical Center of Port St. Lucie 1800 Southeast Tiffany Avenue

Port St. Lucie, Florida 34952

Ms. Charlene Willoughby

Agency for Health Care Administration Consumer Services Unit

Post Office Box 14000 Tallahassee, Florida 32308

Mark Casteel, 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: 01-004657N

Orders for Case No: 01-004657N