STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FINAL ORDER CANCELLING HEARING

AND APPROVING STIPULATION AS TO BENEFITS/EXPENSES

This cause came on for consideration pursuant to Sections

766.304 and 766.305(7), Florida Statutes, upon the Stipulation as to Benefits/Expenses, filed July 14, 2010, for 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.

On September 22, 2009, an Order was entered, approving Respondent's proposal to accept Petitioners' claim for compensation.

By an Order entered May 13, 2010, it was determined that all notice requirements had been met.

Ultimately, a final hearing on benefits was scheduled, but on July 14, 2010, Petitioners and Respondent NICA filed a Stipulation as to Benefits/Expenses, which acknowledged that "by Order entered September 22, 2009, the Administrative Law Judge approved the Respondent's proposal to accept Petitioners' claim for compensation" and "by Order entered May 13, 2010, the ALJ noted that the Petitioners waived litigation of whether Intervenors complied with the Notice requirements of Fla. Stat. 766.316, and that no party has challenged that waiver." By further terms of their Stipulation as to Benefits and Expenses, Petitioners and Respondent have agreed that the only remaining issue is a determination as to the benefits/expenses to be awarded from Respondent to Petitioners and addresses amounts of the award of benefits/expenses.

On July 29, 2010, Intervenor Victor Hugo Gonzalez-Quintero, M.D., filed a letter of "no opposition" to the Stipulation. On

August 9, 2010, Intervenor Public Health Trust filed a letter of "no opposition" to the Stipulation.

After due consideration of the interests of all parties, and being otherwise fully advised in the premises, it is

ORDERED:

1. The final hearing now scheduled for September 17, 2010, is hereby cancelled.

2. The Stipulation as to Benefits/Expenses filed July 14, 2010, is hereby approved, and the parties are directed to comply with the provisions thereof.

3. Petitioners Elvira Torres and Carlos L. Perez, as the parents and natural guardians of Angel Donato Perez, a minor, are awarded One hundred thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b)1., Florida Statutes, to be paid as a lump sum within 15 days of this Order.

4. The law firm of Rossman, Reboso, Spier & Connolly, P.A., inclusive of Lincoln J. Connolly, Esquire, is awarded an agreed attorney's fee of Eight thousand dollars ($8,000.00) and expenses of One thousand, seventy-two dollars and fifty-six cents ($1,072.56), payable by NICA within 15 days of this Order.

5. Upon payment of the award of One hundred thousand dollars ($100,000.00), attorney's fees and other expenses, and past benefits/expenses, the claim of Petitioners (Claimants) shall be deemed fully satisfied and extinguished except for

   Respondent's continuing obligation under Section 766.31(2), Florida Statutes, to pay future expenses as incurred.

6. With regard to any dispute regarding past benefits/expenses, not resolved administratively by the parties, a hearing will be scheduled by a separate notice of hearing. As for the date of such hearing, the parties shall advise the undersigned Administrative Law Judge, with specificity, of the matters remaining in dispute, of several mutually available dates for hearing, and of the amount of time required for such hearing.

7. The Division of Administrative Hearings retains jurisdiction over this matter to resolve any disputes, should they arise, regarding the parties' compliance with the terms of this Order.

DONE AND ORDERED this 19th day of August, 2010, in Tallahassee, Leon County, Florida.

S

ELLA JANE P. DAVIS

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 19th day of August, 2010.

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 0002 9840 5270)

Lincoln J. Connolly, Esquire Rossman, Baumberger, Reboso

Spier & Connolly, P.A. Courthouse Tower, 23rd Floor

44 West Flagler Street Miami, Florida 33130-1808

(Certified Mail No. 7005 1820 0002 9840 5287)

David W. Black, Esquire Frank, Weinberg & Black, P.L. 7805 Southwest Sixth Court Plantation, Florida 33324

(Certified Mail No. 7005 1820 0002 9840 5294)

James D. DeChurch, Esquire Fowler, White, Burnett, P.A. Espirito Santo Plaza, 14th Floor 1395 Brickell Avenue

Miami, Florida 33131-3302

(Certified Mail No. 7005 1820 0002 9840 5300)

Ronald J. Bernstein, Esquire Office of the County Attorney Stephen P. Clark Center

111 Northwest 1st Street, Suite 2810 Miami, Florida 33128

(Certified Mail No. 7005 1820 0002 9840 5317)

Amalinnette Zito, M.D.

West Palm Beach Health Center 1150 45th Street

West Palm Beach, Florida 33407

Amy Rice, Acting Investigation Manager Consumer Services Unit

Department of Health

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

(Certified Mail No. 7005 1820 0002 9840 5416)

Elizabeth Dudek, Deputy Secretary Health Quality Assurance

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7005 1820 0002 9840 5423)

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: 09-001005N

Orders for Case No: 09-001005N