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ELIZABETH BONILLA AND RICHARD BONILLA, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF THEIR MINOR CHILD, RICHARD BONILLA vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 05-004161N (2005)

Court: Division of Administrative Hearings, Florida Number: 05-004161N Visitors: 5
Petitioner: ELIZABETH BONILLA AND RICHARD BONILLA, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF THEIR MINOR CHILD, RICHARD BONILLA
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: WILLIAM J. KENDRICK
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Hollywood, Florida
Filed: Nov. 14, 2005
Status: Closed
DOAH Final Order on Tuesday, May 2, 2006.

Latest Update: Jun. 10, 2013
Summary: FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTESFinal Order approving Respondent`s acceptance of the claim for Compensation.
05-4161.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


ELIZABETH BONILLA AND RICHARD

BONILLA, individually and as parents and natural guardians of their minor child, RICHARD BONILLA,


Petitioners,


vs.


FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,


Respondent.

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FINAL ORDER APPROVING REVISED 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(7), Florida Statutes, upon the revised stipulation and joint petition of the parties, filed May 1, 2006, 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 revised stipulation, the parties have agreed that Petitioners, Richard Bonilla and Elizabeth Bonilla, are the parents and legal guardians of Richard Bonilla

(Richard), a minor; that Richard was born a live infant on May 7, 2004, at Memorial Regional Hospital, a hospital located

in Hollywood, Florida; and that Richard's birth weight exceeded 2,500 grams. The parties have further agreed that the physician delivering obstetrical services at Richard's birth was

Mitchell Grabois, 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, by their revised stipulation, the parties have agreed that Richard 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 revised stipulation and joint petition of the parties, filed May 1, 2006, is hereby approved, and the parties are directed to comply with the provisions thereof.

  2. Petitioners, Richard Bonilla and Elizabeth Bonilla, as the parents of Richard Bonilla, a minor, are awarded One hundred thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b), Florida Statutes, to be paid in lump sum.

  3. Upon payment of the award of One hundred thousand dollars ($100,000.00), attorney's fees and other expenses of Ten

    thousand five hundred dollars ($10,500.00), and past expenses, the claims of 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' revised stipulation and to resolve any disputes, should they arise, regarding the parties' compliance with the terms of such revised stipulation and this order.

DONE AND ORDERED this 2nd day of May, 2006, 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 2nd day of May, 2006.

COPIES FURNISHED:

(Via Certified Mail)


Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association 2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7005 1820


Michael A. Acker, Esquire Petosa & Associates, P.A. 7251 West Palmetto Park Road,

0002 9840


Suite 206

6987)

Boca Raton, Florida 33433 (Certified Mail No. 7005 1820


0002 9840


6994)

Memorial Regional Hospital 3501 Johnston Street

Hollywood, Florida 33180

(Certified Mail No. 7005 1820


0002 9840


7007)


Mitchell Grabois, M.D.

21110 Biscayne Boulevard, Suite 312

Aventura, Florida 33180

(Certified Mail No. 7005 1820 0002 9840 7014)


Charlene Willoughby, Director Consumer Services Unit - Enforcement Department of Health

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

(Certified Mail No. 7005 1820 0002 9840 7021)


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: 05-004161N
Issue Date Proceedings
Jun. 10, 2013 Notice of Appearance (David Black) filed.
May 12, 2006 Certified Return Receipt received this date from the U.S. Postal Service.
May 10, 2006 Certified Return Receipt received this date from the U.S. Postal Service.
May 08, 2006 Certified Return Receipt received this date from the U.S. Postal Service.
May 02, 2006 Certified Mail Receipts stamped this date by the U.S. Postal Service.
May 02, 2006 Final Order Approving Revised Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes. CASE CLOSED.
May 01, 2006 Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Birth Related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
May 01, 2006 Notice of Filing; Revised Stipulation and Joint Petition filed.
May 01, 2006 Letter to K. Shipley from Judge Kendrick regarding letter dated April 14, 2006.
Apr. 17, 2006 Letter to Judge Kendrick and K. Shipley from M. Acker regarding no objections to proposed changes filed.
Apr. 14, 2006 Letter to parties of record from Judge Kendrick regarding receipt of the parties` Stipulation and Joint Petition for Compensation.
Apr. 13, 2006 Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Birth Related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
Apr. 13, 2006 Notice of Filing; Stipulation and Joint Petition for Compensation filed.
Apr. 13, 2006 Response to April 3, 2006 Order filed.
Apr. 03, 2006 Order (parties to advise status of the case by April 14, 2006).
Feb. 21, 2006 Letter to F. Petosa and M. Acker from K. Shipley regarding medical benefits filed (not available for viewing).
Feb. 13, 2006 Order Granting Extension of Time (parties to file response to the petition by February 23, 2006).
Feb. 13, 2006 Motion for Extension of Time in which to Respond to Petition filed.
Jan. 03, 2006 Order (Respondent`s motion is granted).
Dec. 30, 2005 Amended Motion for Extension of Time in which to Respond to Petition filed.
Dec. 29, 2005 Motion for Extension of Time in which to Respond to Petition filed.
Dec. 19, 2005 Order (Motion to accept K. Shipley as qualified representative granted).
Dec. 14, 2005 Petitioner`s Response to Motion to Act as Qualified Representative filed.
Dec. 08, 2005 Motion to Act as Qualified Representative before the Division of Administrative Hearings filed.
Dec. 02, 2005 Certified Return Receipt received this date from the U.S. Postal Service.
Dec. 01, 2005 Certified Return Receipt received this date from the U.S. Postal Service.
Nov. 28, 2005 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Nov. 28, 2005 Additional Medical Records filed (not available for viewing).
Nov. 22, 2005 Certified Return Receipt received this date from the U.S. Postal Service.
Nov. 22, 2005 Certified Mail Receipt stamped this date by the U.S. Postal Service.
Nov. 22, 2005 Amended Letter to Kenney Shipley from Ann Cole enclosing NICA claim for compensation.
Nov. 21, 2005 Certified Return Receipt received this date from the U.S. Postal Service.
Nov. 21, 2005 Undeliverable certified envelope returned from the Post Office.
Nov. 15, 2005 Certified Mail Receipt stamped this date by the U.S. Postal Service.
Nov. 15, 2005 Letter to Kenney Shipley from Ann Cole enclosing NICA claim for compensation.
Nov. 15, 2005 Notice sent out that this case is now before the Division of Administrative Hearings.
Nov. 14, 2005 NICA Filing Fee filed (not available for viewing).
Nov. 14, 2005 Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. (filed along with the filing fee, which is not available for viewing).

Orders for Case No: 05-004161N
Issue Date Document Summary
May 02, 2006 DOAH Final Order Final Order approving Respondent`s acceptance of the claim for Compensation.
Source:  Florida - Division of Administrative Hearings

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