STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SHANNON R. NEGRON AND JOHN J.

NEGRON, on behalf of and as parents and natural guardians of JOHN C. NEGRON, a deceased minor,

Petitioners,

vs.

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent.

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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 Sections 766.304 and 766.305(6), Florida Statutes,1 upon the stipulation and joint petition of the Petitioners and Respondent, filed April 2, 2004, 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, as well as Petitioners' letter of April 5, 2004, filed April 9, 2004, requesting that the parental award be paid in lump sum, and

Respondent's letter of April 12, 2004, filed April 13, 2004, agreeing with Petitioners' request for lump sum payment.

By the terms of their stipulation and letter agreement, the parties have agreed that Petitioners, Shannon R. Negron and

John J. Negron, are the parents and Co-Personal Representatives of the Estate of John C. Negron (John), a deceased minor; that John was born a live infant on June 27, 2001, at Pasco Regional Medical Center, a hospital located in Dade City, 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 John was John Ferlita, M.D., who, at all times material hereto, was a participating physician in the Florida Birth-Related Neurological Injury Compensation Plan, as defined by Section 766.302(7), Florida Statutes. Finally, the parties have agreed that John 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 April 2, 2004, as well as the parties' agreement for payment of the parental award in lump sum, is hereby approved and the parties are directed to comply with the provisions thereof.

2. Petitioners, Shannon R. Negron and John J. Negron (claimants), as the parents of John C. Negron, a deceased minor, are accorded a lump sum award of One hundred thousand dollars ($100,000.00).

3. Upon payment of the lump sum award of One hundred thousand dollars ($100,000.00) to the claimants, a death benefit of Ten thousand dollars ($10,000.00), and past expenses, the claims of Petitioners shall be deemed fully satisfied and extinguished.

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 14th day of April, 2004, in Tallahassee, Leon County, Florida.

S

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 14th day of April, 2004.

ENDNOTE

1/ All citations are to Florida Statutes (2003) unless otherwise indicated.

COPIES FURNISHED:

(via certified mail)

John C. Negron Shannon R. Negron 7119 Ryman Loop

Zephyrhills, Florida 33540

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association 1435 Piedmont Drive, East, Suite 101

Tallahassee, Florida 32308

John Ferlita, M.D. Women's Center for Health 6719 Gall Boulevard

Zephyrhills, Florida 33541

Pasco Regional Medical Center 13100 Fort King Road

Dade City, Florida 33525

Ms. Charlene Willoughby Department of Health

4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275

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 the original of a notice of appeal with the Agency Clerk of the Division of Administrative Hearings and a copy, accompanied by filing fees prescribed by law, with the appropriate District Court of Appeal. See Section 766.311, 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: 03-004000N

Orders for Case No: 03-004000N